Dealing with "Chancer" Employment Advocates: A Small Employer’s Guide to Spotting the Bluffs
If you run a small business, receiving an employment grievance can make your stomach drop. Over my years representing employers, I’ve noticed a frustrating trend: the rise of predatory, "no-win, no-fee" advocates who target small businesses, hoping for a quick, pragmatic payout.
Don't get me wrong; if an employer has genuinely done something wrong, settling quietly and fairly is often the smartest business move. But there is a distinct breed of advocate out there just "chancing it." They prey on the fact that small business owners are busy, stressed, and terrified of costly legal battles.
Right now, I am representing an employer facing exactly this scenario. We are heading into mediation shortly, but my strong gut feeling is that the other side won't even show up. Why? Because we pushed back with solid, legally backed roadblocks, and chancers hate a fair fight.
If you are an employer, here are the red flags to look out for, how I navigate these situations, and what you should do if you find yourself in the crosshairs.
🚩 Red Flags: How to Spot a "Chancer" Advocate
Predatory advocates rely on intimidation rather than facts. Look out for these telltale signs:
The Informal Phone Press: They avoid putting formal issues or grievances in writing. Instead, they drop a vague email and immediately try to get you on the phone, aggressively pushing the idea that "settling quickly" is your cheapest and best option.
The Visual Template: If they do send a formal Personal Grievance (PG) letter, it reads like a generic template. The claims are incredibly vague, lack specific dates or details, and rely heavily on dramatic legal jargon rather than actual evidence.
Reputational Blackmail: They will often make subtle or overt threats about ruining your business’s reputation, going to the media, or dragging you through public hearings if you don't pay up immediately.
Shady Backgrounds: When you look them up, their website is sketchy, features next to no information about their team's legal credentials, or their "no-win, no-fee" terms and conditions are completely ambiguous.
⚖️ Why Values Matter in Employment Law
I pride myself on how I operate my business. I will never act as a "hired gun" to mistreat an employee an employer simply wants to get rid of. I refuse to do it for two very distinct reasons:
It’s simply wrong. You should treat people how you want to be treated yourself. If standing by my values means I occasionally lose a client who wants to play dirty, I am entirely at peace with that.
It’s bad business strategy. To put it bluntly, if you needlessly piss off an employee, you give them a massive emotional motive to raise a grievance. Even if their claim has little chance of succeeding legally, human nature dictates they will pursue it just to get back at you.
On the flip side, I also refuse to represent employees who don't have genuine claims. If a claim is purely vindictive, I tell them the truth and say no. The system works best when everyone plays fair.
🛠️ Had a Personal Grievance Raised? Do This First:
If a grievance lands on your desk, do not panic. Take these steps immediately:
Take a breath: Things are always solvable. Do not reply in anger or panic.
Do your research: Look up the advocate representing the employee. Are they reputable, or do they fit the "chancer" profile above?
Analyse the claims objectively: Read the letter carefully. Are the allegations specific ("On Tuesday 4th, X happened") or vague ("The environment was hostile")? Do they actually make sense? Log the facts from your own records.
Seek quick advice: If you can’t afford expensive legal advice, look up Employment New Zealand resources or find a reputable advocate who offers a free initial case evaluation (I offer this because, with my experience, it takes just a few minutes to spot if a case has legs).
Explore free alternatives: You don't always have to hire a professional. You can draft a factual response yourself, engage directly in an open conversation with the employee, or request free mediation through the government services.
The Bottom Line: If you push back firmly against a dodgy advocate armed with a dodgy claim, they will very often just walk away. They are looking for easy money, not a hard battle. (Though it’s always worth noting that sometimes people drop claims simply because they aren't in the right mental space to pursue them.)
I’ll be posting another update once our scheduled mediation concludes. I have a strong feeling it’s going to be a very quiet day with an empty chair on the other side of the table; stay tuned!
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