if you take your view to be correct then there would never be any Employment Tribunals.
I don't quite see how you drew that conclusion from what Fincastle said, as essentially he said the same as me.
Shall I spell it out? It is my sincere opinion that the reason none of these people are going to employment tribunals is because they would all be thrown out on their arses.
Clear enough?
Do you have any alternative theory? Or do you subscribe to Litebulb's view that the procedure itself, despite being perfectly acceptable to both sides prior to this dispute, apparently has now conveniently become "flawed"?