We can advise on all areas of defending and/or settling the claim including tactics and strategies for achieving your desired outcome, and take a pragmatic and commercial approach.
ometimes, even if you have done everything “by the book”, your business may be faced with defending an Employment Tribunal claim which has been brought by a current or former employee or worker.
Employees and workers can take cases to the Employment Tribunal for a variety of reasons. These include claims for unfair dismissal, unpaid wages, a redundancy payment or discrimination of some kind. Often, you will have been made aware of a potential claim in advance, either by a disgruntled employee or worker submitting a formal written grievance or through the ACAS Early Conciliation service.
If you are unsuccessful in resolving complaints at an early stage, then you will be left with no option but to defend the claim in Tribunal.
Why use a solicitor?
Employment Tribunal claims can be difficult to defend if you have minimal experience of employment law or defending Tribunal claims. Often claims can become very technical and can depend on the interpretation of a specific piece of legislation or case law.
If you are unsuccessful in defending a claim that has been brought against your business, a Tribunal has the power to make recommendations, order re-instatement or re-engagement of an employee, or (as is common in the majority of cases) to award compensation. In certain cases, that compensation is uncapped and can run into hundreds of thousands of pounds. It is therefore our advice to take legal advice at the earliest available opportunity so that you know your business has the best possible chances of successfully defending any claims brought against it.
There are strict time limits throughout a Tribunal process. Any failure to comply with these time limits could result in cases being decided against the business before you have had an opportunity to issue your response to the claims. In other cases, it can lead to financial penalties and cost awards being made against you.
After taking legal advice, you may decide to defend a claim brought against your business or choose to negotiate a settlement with the employee or worker in question.
Let us help
We have a team of experienced employment law solicitors who can advise on the merits of any claim or proposed claim brought against your business and will provide commercial advice on your options going forwards. We can correspond with the other side directly on your behalf either to negotiate a mutually agreeable settlement or, if necessary, we can robustly defend the legal proceedings brought against your business.