Employment Tribunal Representation

Defending your business

As a business, when a claim from the Employment Tribunal lands in the post it can be a very worrying time not only in terms of the financial risks involved but the hassle of having to deal with it or instructing a Solicitor to deal with it and all that it involves.

If you get an Employment Tribunal claim do seek out professional advice as it is likely that the concerns you have will be unwarranted and the adviser will be able to put your mind at ease as to the process and the risks. Employment Tribunals are set up so that you can represent your business, you don’t need a lawyer. But whilst the Tribunal may be set up to represent yourself, employment law unfortunately is not. It is an increasingly complex area of law where professional legal advice is well worth paying for but it needn’t cost a fortune.

The Employment Tribunal process is always structured in the same way:

  • Employee makes claim
  • Tribunal sends a copy of the claim to the Employer
  • If it is an unfair dismissal or claim for wages then the Tribunal will schedule a 1 day hearing;
  • If it is a discrimination or whistleblowing claim then the Tribunal will schedule a Preliminary Hearing;
  • Employer given 28 days to submit defence
  • Employee has to submit details of what compensation they are claiming;
  • Employer and Employee have to disclose documents;
  • Employer will be asked to prepare copies of a bundle of documents for use at a hearing;
  • Employer and Employee prepare and exchange witness statements;
  • Employer and Employee and any witnesses attend the Employment Tribunal Hearing.

Employment Tribunal options

There are two ways I can help in the Employment Tribunal process. I can officially represent you in the Employment Tribunal and undertake the work required. Alternatively your company could represent itself and I can provide guidance and support for you to do this which can be a cost effective way of dealing with matters.

One of the other areas that I can assist is to advise on instructing a Barrister who can attend the Employment Tribunal and represent the Company. This is usually money very well spent and the one thing that clients are often surprised about is just how cheap barristers can be. So for example, a junior barrister may only cost £600 – £700 plus VAT to represent a business at a one day Hearing.

Finally, throughout the Tribunal process, settlement negotiations carry on via ACAS and the vast majority of claims (around 75%) of claims never make it to a final hearing and are either settled or withdrawn. With regards settlement, I would advise that it is always worth considering settlement as it can be far cheaper and less hassle than spending 6 months of your time fighting a legal case. But much depends on how cheap that settlement may be i.e. cheaper than legal costs or alternatively whether settlement is not an option because of a point of principle. It is quite common for Employees to accept what are referred to as ‘commercial settlements’ at figures in the region of £1,000 – £2,000 to drop their claim particularly when faced with a company who has legal representation.

Contact

If you would like to arrange a free initial telephone consultation, please do not hesitate to contact me on 0113 871 5909, 07518 256075 or by email at andrew@lightburnlegal.co.uk.

Send a message