What to do when it’s hopeless

Someone recently found this blog by the search ‘What to do when the evidence against you is overwhelming.’ The best answer to this is ‘give up.’

The reason that’s not as obvious as it sounds is that sometimes the evidence against you is overwhelming even though you are in the right.

Being in the right is not a good reason to fight a losing battle. It is only sensible to bring an employment tribunal claim against your employer if you think on balance that you will win it, and that you will get enough compensation to justify the costs (financial and emotional) of running it.

If the evidence against you is overwhelming, you will almost certainly lose. No doubt there are circumstances in which it is right or necessary to fight a battle you are almost certain to lose, but they rarely if ever come along in the context of employment tribunal litigation.