Council employee A raises concerns over harassment and bullying. Council fails to follow procedures or deal with issues. A had worked for council for 26 years and had no wish to make any claim. A takes sick leave and asks for referral to CfJ. Referral would result in agreed transfer to other duties/other employment and a goodwill payment of no more than £5000. A would have remained in work and in good health. Cost of a CfJ referral less than £2000.
Council refused referral. A unable to return to work, health deteriorates and after fifteen months absence is still off sick and unlikely to be able to return to any employment. A now brings a claim which council wins on technical point. Council has incurred £10,000 in legal costs and several times this in lost staff time. Relationships and reputations are damaged. A’s health and prospects damaged irretrievably. On merits might have lost and had to pay more than £100,000 in compensation and costs.