Clarkslegal LLP - Solicitors in Reading and London

Employment

Employment Tribunal litigation – Responding to a claim

Employment Tribunal litigation

First off it is worth saying that not all claims end up in the employment tribunal, very often with careful negotiation and good management the situation can be resolved before it goes that far.

That being said, from time to time it does happen. There is no sure-fire way of guarding against it, you can of course take steps to reduce the likelihood of it happening by ensuring your managers and staff are well trained in the ‘dos’ and more importantly the don’ts of the workplace but there are no guarantees. Occasionally if an individual wants their day in court very little can be done to dissuade them.  We can provide HR support and training and for more information about what is available please follow the link below.

At this stage, it might help if we list the range of complaints Employment Tribunals deal with: 

  • unfair dismissal, including constructive dismissal
  • discrimination on the grounds of disability, race, sex, age, sexual orientation, religion or belief, marriage and civil partnership, pregnancy and maternity, or gender reassignment
  • breach of contract
  • equal pay
  • unlawful deductions from wages
  • claims by agency workers or part-time workers
  • TUPE claims about a business transfer
  • being denied the right of representation at a disciplinary or grievance hearing
  • being denied the right to be consulted in a redundancy situation

How can we help? 

The answer to that question depends very much upon what stage the situation has reached. If one of your employees is about to be dismissed, or has just been dismissed, and you suspect they are in the mood for a fight then a quick sense check with an employment law specialist would be the sensible thing to do, just to get a feel for what might happen in the coming weeks. 

However, if an ET1 Employment Tribunal claim form has landed then things need to be taken far more seriously, you have only a limited time in which to respond. The time to engage the services of your lawyer is now. 

What kind of lawyer will you need? 

Employment law changes all the time which is why we suggest you use a specialist, someone who has a deep understanding, knowledge and experience of employment law as well as the processes and procedures of the Employment Tribunal. 

It goes without saying that an experienced employment lawyer will give you a distinct advantage in the months ahead. They will be able to read the mood of the other side, and use their past experiences to your advantage. Not only that, if they are an advocate as well when it comes to the hearing they will be able to represent you in the Employment Tribunal. 

The advantage to you is that this allows your lawyer to see your case through from start to finish. Which, apart from providing you with consistency throughout a case, can result in cost savings. 

However, where our clients prefer, or if the case requires it, we will involve a barrister at an early stage to ensure that each case is handled in the best possible way. 

What Next? 

If you would like to talk with one of our team you can call us on 0118 959 5321 or complete the enquiry form on this page.  

If you require more information or wish to do some more research you can download the following Guides and briefing notes.

Useful Downloads

An overview of the Employment Tribunal Process

  Download