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15 Feb 2010

SME’s are being warned not to be caught out by serial litigants. Employers who have unknowingly used age discriminatory language in job advertisements using terms such as, ‘recent graduates’ or ‘school leaver’ are being targeted.

Serial litigants typically bring multiple claims of under £2,000. Employers threatened by legal action may choose to pay the claim rather than risking an employment tribunal.

Gordon Turner from Partners Employment Lawyers suggested employers ‘acknowledge the receipt of the claim then take advice. Offer the person opportunity to apply, instead of locking into a predictable conflict where the serial litigator would want you to be spending money through lawyers, start dealing with practical solutions. You may find this person is not a serial litigant and in fact the are genuinely getting excluded from opportunities and that’s not right. But if they don’t take that opportunity, you’re 90 percent of the way to finding out you’ve got a trouble maker.’

Employers faced with such action have been urged to seek professional HR and legal advice before acting.

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