If an employment claim is made against an employer there can be far-reaching consequences for an employer from Employment Tribunal findings. These range from financial awards and costs to adverse publicity and reputational damage and can be a red flag to any other disgruntled employees thinking of claiming.
As specialist Employment Solicitors and Barristers we provide expert Employment Tribunal advice, guidance and representation but, if instructed early, we can help with general employment advice on HR policies and procedures to minimise risk and exposure to Employment Tribunal claims. We also provide settlement advice, such as ACAS Early Conciliation or workplace Mediation, and the preparation of Settlement Agreements. These often save our clients thousands in legal costs and bring the matter to a swift conclusion.
Initial Telephone Discussion
We prepare for Employment Tribunal proceedings by listening first, looking at HR paperwork and record keeping, assessing the evidence available to support the claim and the defence and reviewing the latest developments in Employment Law.
When those steps are completed, we can objectively review the claim and defence and advise on settlement strategies as it is never too late to try to reach a settlement. Whilst you may consider the Tribunal proceedings should go ahead, as you know you are in the right, or because there is a principle at stake, we can help you weigh up the risk of a Tribunal finding against you and the consequences of that for your workforce or business reputation.
Our specialist Employment Solicitors and Barristers advise and represent in all levels of Tribunal proceedings on such matters as:
- Interim Relief Applications
- Breach of contract/wrongful dismissal
- Constructive and unfair dismissal
- Automatically unfair dismissal
- Direct and Indirect discrimination claims of all types
- Victimisation and harassment
- Unlawful deduction from wages
- Equal pay claims
- Holiday pay
- Notice pay
- Redundancy claims and Redundancy pay
- Whistleblowing cases
- TUPE issues
- Health & Safety dismissals
- Trade Union related dismissals
We always recommend that you seek advice at an early stage, as many disputes can be resolved before a Tribunal hearing through use of conciliation using Solicitor negotiation, ACAS and other mediation and arbitration options.
If you receive an Employment Tribunal claim you have 28 days to file a response. It is vital to take legal advice as soon as you receive the ET1 and before responding as your response will form part of your defence to the claim. It is unlikely that you will be able to correct a bad response later.
If you are unable to submit your response within the deadline of 28 days, you may be able to apply for an extension from the Employment Tribunal. An extension cannot be guaranteed so it is best to take early legal advice as soon as you receive the claim. There is every possibility due to the backlogs in the tribunal system that your application to extend time will not be dealt with until after the original time limit has passed, so it is not recommended to risk this.
The Employment Tribunal rules provide for evidence to be filed by both employer, employee and witnesses. When the claimant’s evidence is available, we will discuss it with you and assess the strengths and weaknesses of the claimant’s case. You can then make an informed decision on whether to try again to reach a settlement. Our team can help assess the evidence needed for your defence and prepare witness statements that address the issues the Employment Tribunal has to determine.
An Employment Tribunal could take up to 12 – 18 months from the date of claim to the date of the Tribunal hearing, sometimes longer depending on the claim. An employee must normally make an Employment Tribunal claim within 3 months of the date their employment ended, or within 3 months of the date upon which the incident they rely on occurred. Employment Tribunal rules allow for some late claims to be made but only in very narrow and specific circumstances. Time limits are extended in differing ways by periods of ACAS Early Conciliaiton.
With substantial experience of defending Employment Tribunal claims, our team prides itself on its excellent client standards, attention to detail and pragmatic legal advice looking at the cost benefit analysis of raising an Employment Tribunal defence or settling an employment claim.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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