Complainants are being 'ground down by undue formality', says tribunal chair

'It is not right that complainants should be deprived of their day in court by the unevenness of the playing field'

A tribunal has warned that people on the Isle of Man are withdrawing their employment and equality complaints due to the cost involved in taking them to tribunal.

It comes in a review order of the case of an employee versus Manx Care.

Within it, the chairman of the Employment and Equality Tribunal, Douglas Stewart, highlights the fact that often respondents in employment disputes are represented 'at public expense by Chambers of the Attorney General', whilst he says complainants are inclined to withdraw their complaints due to the costs involved.

Mr Stewart states that in the last 20 months, more than one complainant 'ground down by the burdens' had withdrew, despite there being 'prima facie merit in the pleaded cases'.

He argues it's 'not right' that these complainants 'should be deprived of their day in court by the unevenness of the playing field'.

The comments come as Mr Stewart reiterates points made in a ruling he made on 6 August, saying: "This Directions Hearing is the second of three being heard this week on an application by a Respondent represented by the Chambers of the Attorney General. 

"All three raise quite similar points regarding strike-out and include a costs warning for, put simply, reasonably similar arguments although on fundamentally different facts in each case.

"All three cases involve Manx Care although in one case the Complainant is under contract with the Public Service Commission.

"Besides these three, a fourth case raising similar issues raised on behalf of the Respondent is awaiting a listing date."

He adds that: "Almost inevitably, in every case involving an employee who has worked for Manx Care, the court bundle of documents for use at the substantive Hearing is very substantial (hundreds and sometimes thousands of pages). 

"This adds to the burden and concerns of Complainants, especially when there are warnings of possible costs sanctions following the expressed likelihood of a Hearing lasting many days. 

"Within the past 20 months, more than one Complainant, ground down by the burdens, has preferred to withdraw their Complaint - even though there was prima facie merit in the pleaded cases.

"I do not wish to see Complainants being ground down by undue formality, particularly if they are funding the litigation themselves through a lawyer or are without legal representation. 

"It is not right that Complainants with a case having prima facie merit should be deprived of their day in court by the unevenness of the playing field."

You can find the review order and Mr Stewart's comments in full HERE.

In response, Manx Care says: 'Manx Care is aware of the contents of an administrative order made by the EET yesterday.

'While we are unable to comment on the specifics of an ongoing case, we want to reaffirm our commitment to resolving employee concerns and complaints through locally agreed policies and procedures wherever possible, always aiming to avoid the need for formal legal action.

'We will carefully consider the Tribunal’s observations in consultation with the Attorney General’s Chambers.

'Each case brought to our attention is assessed on its individual merits and legal advice taken to inform how they are managed.  Ensuring all relevant information is shared allows us to follow due process and address matters fairly and thoroughly.'