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Damage Limitation

Legal Focus - Chris Cook, partner and head of employment at SA Law on alternatives to court.

Sometimes going to court over an employment issue can cause more damage reputationally than employers would wish. Whatever the outcome, the business could lose. So what are the other options? 

Settling before trial

Unless a Judge orders otherwise, all the details of a trial are public record. This means all witness testimonies, evidence, and details that parties used to disparage each other will be available for anyone to read.

The Tribunals Service has now announced that new Tribunal decisions will be made publicly available in a searchable online database from autumn 2016. The potential for an employer's dirty laundry to be aired in public, causing embarrassment and bad publicity, can be worrying for many businesses. Therefore the introduction of easily accessible Tribunal decisions could act as an incentive for parties to settle their disputes before matters go to trial. 

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