The case of Fairbank v Care Management Group is a useful reminder that ET claims and responses should be crisply drafted, without unnecessary verbiage or peripheral and irrelevant fact.

The claim presented was 27 pages long. The ET Judge ordered that the Claimant’s Solicitor should reduce the claim to one side.

The EAT said that the ET Judge had perhaps overreached himself in ordering the claim to be reduced to one side. The EAT said that issues like this are best decided at a CMD where orders can be made regarding identifying the best points and costs warnings given about drafting a claim in such a way as to force a settlement, that is by introducing so many factual allegations that it is not cost effective to defend.