Thursday, August 13, 2009

A truly unBritish, legal catastrophe.

The Industrial Tribunals Act of 1996 - the groundwork for which had been prepared entirely under the Major Government - brought about one of the worst ever disasters to undermine the British justice system. [I think we can safely assume that the dead hand of the EU can be found somewhere behind all of this.]
In criminal trials, the principle is and has long been, 'beyond reasonable doubt' and the case against the accused must be proved to the highest of standards.

In civil proceedings, the principle is 'on the balance of probabilities' but still requires a burden of proof by the accused to have more than a semblance of provable truth.

In Employment Tribunals the very opposite obtains! An accusation is made which may or may not have merit. The accused - in this case the employer - is put into the position of having to defend themselves with 'an assumption of their guilt' being the starting point.

This is entirely alien to British justice and brings about a considerable number of wrongs in the course of a given year.

Terrified by the size of legal bills facing them, employers are forced to settle.

I know of one case where this cost an employer £250k to get rid of a bad employee.

This is not justice; it is not British and the truth MUST return to being the only thing sought in such proceedings.

CLINTEL.

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