The High Cost of Serial Litigants

Serial litigators exploit legal loopholes to bypass the usual two-year employment requirement for bringing claims. They overwhelm employers with grievances, Data Subject Access Requests, sick notes, and “protected disclosures,” hoping for a settlement. This causes immense stress, financial burden, and lost productivity.

Spotting Red Flags at the Interview Stage

While serial litigators can be cunning, there are ways to identify potential problems:

• Job Hoppers: Look out for frequent job changes. While some may have valid reasons, like agency work, always check references, including with the agency.
• Objective Interviews: Stick to a structured interview process, asking all candidates the same job-related questions. This helps avoid discrimination claims even before a job offer is made.
• Thorough Checks: Conduct DBS (Disclosure and Barring Service) and employment history checks before employment starts. Make offers conditional on clear checks and satisfactory references.
• Probationary Periods: Always use probationary periods for new hires and track key dates.
• Direct Contact: Ask shortlisted candidates to arrange a call with their previous boss. Verify their identity on LinkedIn and make the call yourself. This conversation can provide valuable insights.
• Tribunal Search: Search for candidates on the employment tribunal website. While a previous claim isn’t always a red flag, it’s worth reviewing any judgements to assess potential risks.

What If It’s Too Late?

If an employee has already started and you suspect they’re gearing up for a claim, seek expert HR advice immediately. It might still be possible to dismiss them safely, but careful handling is crucial to avoid actions that could strengthen their case.

Remember: Most employees are not serial litigators. While these cases exist, the vast majority of workers are decent and hardworking.

Additional tips:

• Outsource HR: Consider outsourcing HR functions to experts like myHRdept, who can handle pre-employment checks, probation management, and provide advice on difficult employee situations.
• Document Everything: Maintain thorough records of all interactions with employees, especially those exhibiting concerning behaviour.
• Train Managers: Equip managers with the knowledge and skills to identify and address potential issues early on.
• Create a Positive Workplace: Foster a positive and inclusive work environment where employees feel valued and respected. This can reduce the likelihood of conflict and litigation.

By being vigilant and proactive, you can significantly reduce the risk of hiring a nightmare employee and protect your business from unnecessary stress and financial loss.