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Unhappy New Year

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Chris Bryden & Michael Salter start 2011 by batting off derogatory claims

As the clock turns to 2011 yet another salvo is fired in the ongoing battle against lawyers and their kind. This time the target was firmly trained on employment lawyers, with an article in The Times on 4 January 2011 by Helen Giles, an HR director, which was excoriating in its account of the “legal extortion” practised by employment tribunals and the “parasitical” lawyers bringing claims therein.

The authors make no secret of the fact that one of them practises exclusively in the field of employment while employment law represents a significant part of that of the other. It is perhaps not surprising therefore that the “parasites” might wish to respond. However, notwithstanding the vested interest of the authors in the practice of employment law, the position set out by Ms Giles in her article is not recognised by these practitioners.

False

In parts the article is simply wrong. For instance in proposing reform it advocates that “the burden of proof in discrimination claims should be placed

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