Our tribunal system is a disgrace, not fit for purpose and in recent years, does not address the law properly. I can fully understand why those affected would now look for other action rather than the inappropriate legal route.
Some examples:
1. Employee v TOC tribunal. Case initially won by employee. Reopened at appeal hearing on the basis of a blatantly false claim by an HR manager. At tribunal CCTV confirms otherwise and TOC's solicitor admits the HR woman's false claim was untrue and apologises for 'misremembering'. TOC goes on to win case based on the basis of further new claims. Case later had to be resolved outside of tribunal at the High Court who expressed utter shock at the goings on at the employment tribunal service.
2. Employee v TOC tribunal. Employee sacked for not taking a ticket machine out. At tribunal company claims employee was lazy and all the ticket machines were working fine. They also claimed no-one had ever said "don't take a machine, they're broken". On day three of the tribunal, a covert audio recording was produced, of the HR Manager with a Conductor Manager talking in the appeal meeting saying "well, all the machines were broken, and... you know, we were telling them not to take one". Judge refused to accept the audio evidence because it was covertly recorded - even though it exposed clear evidence of perjury and an absolute intent to pervert the course of justice.