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Tag: procedural fairness

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Mental Health and Sanctions in Employment Tribunals
Dispute Resolution

Mental Health and Sanctions in Employment Tribunals

Written by John Barwell 16 July 202619 August 2026

Employment Tribunal conduct may be disruptive in effect while mental impairment remains relevant to its cause. This article examines evidence, non-attendance, costs, unless orders, strike-out and fairness to both parties.

Employment Tribunal Adjustments for Vulnerable Litigants
Legal Practice

Employment Tribunal Adjustments for Vulnerable Litigants

Written by John Barwell 15 July 202619 August 2026

Employment Tribunals have broad powers to support vulnerable parties. But an impaired litigant in person may struggle to identify the barrier, explain its functional effect and provide the evidence needed for a proportionate adjustment.

When the Process Becomes Part of the Harm: Mental Health and Litigants in Person in the Employment Tribunal
Dispute Resolution

When the Process Becomes Part of the Harm: Mental Health and Litigants in Person in the Employment Tribunal

Written by John Barwell 14 July 202619 August 2026

Employment Tribunal proceedings do not inevitably cause mental illness. But for a litigant in person, self-representation can add anxiety, cognitive load and procedural pressure to an already damaging workplace dispute.

The Issue Map: Why Unclear Complaints Produce Unclear Decisions
Regulatory Matters

The Issue Map: Why Unclear Complaints Produce Unclear Decisions

Written by John Barwell 12 July 202619 August 2026

A complaint can contain a detailed chronology and extensive evidence while leaving the central questions undefined. An issue map separates the issues, positions, evidence, findings and outcomes that require a decision.

The Template Decision: When Standard Wording Replaces Individual Reasoning
Regulatory Matters

The Template Decision: When Standard Wording Replaces Individual Reasoning

Written by John Barwell 11 July 202619 August 2026

Templates can improve clarity and consistency. The accountability problem begins when standard wording replaces engagement with the individual complaint, evidence and circumstances.

Administrative Closure Is Not Resolution: The Problem with Final Responses That Do Not Answer the Complaint
Regulatory Matters

Administrative Closure Is Not Resolution: The Problem with Final Responses That Do Not Answer the Complaint

Written by John Barwell 5 July 202619 August 2026

A final response may close a file, but that does not always mean the complaint has been answered. Administrative closure belongs to the process. Substantive resolution belongs to the issue.

When Evidence Disappears from the Decision: Why the Record Matters
Regulatory Matters

When Evidence Disappears from the Decision: Why the Record Matters

Written by John Barwell 3 July 202619 August 2026

A decision does not need to discuss every document. But where central evidence disappears from the reasoning, the person affected may be unable to understand how the issue, evidence, finding and outcome connect.

When “Reasons” Are Not Reasons: Why Unexplained Decisions Defeat Accountability
Regulatory Matters

When “Reasons” Are Not Reasons: Why Unexplained Decisions Defeat Accountability

Written by John Barwell 1 July 202619 August 2026

Outcome is not explanation. Reasons matter because they make decisions intelligible, accountable and capable of proper scrutiny.

The first battlefield: why Employment Tribunal claimants must get the claim right
Dispute Resolution

The first battlefield: why Employment Tribunal claimants must get the claim right

Written by John Barwell 30 June 202619 August 2026

The first battle in an Employment Tribunal claim may be procedural. The ET1, grounds of claim and particulars can decide whether the case is clear enough to survive early pressure.

ET3: when a denial is not a defence
Dispute Resolution

ET3: when a denial is not a defence

Written by John Barwell 29 June 202619 August 2026

A Legal Lens article on ET3 responses, procedural fairness and why a bare denial may not define the dispute.

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  • Employment Tribunal postponements: when a hearing can be moved and how to ask
  • Setting aside a default judgment: the two routes and the promptness trap
  • Whistleblowing reform: what has actually changed since the promises
  • The Legal Ombudsman route in 2026: what complainants can realistically expect
  • The Employment Rights Act: what has commenced, what has not, and what it means for tribunal claims
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