Handling employment tribunals

What kinds of disputes give rise to an employment tribunal claim?

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Many kinds of disputes can cause a business to be taken to court. When we’re handling employment tribunals, we consider each case individually, taking into consideration all the parties involved and the unique situation at hand. Examples of disputes that can be taken to tribunal include:

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• Unfair or wrongful dismissal.

• Non-payment of wages including holiday pay.

• Discrimination in all forms, including but not limited to age, race, disability, religion or sex.

• Equal pay.

• Whistle-blowing.

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How long does an employment tribunal claim take?

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Most tribunal claims must be brought within three months of the dispute. This might be the date of termination or the payday of an employee, for example.

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While an employment tribunal typically takes longer than resolving a dispute before it goes to court, our solicitors will help you to reach a resolution as quickly as possible. Most tribunals take between six and twelve months to conclude, depending on their complexity, although some can go on for longer.

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How do we handle an employment tribunal?

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Our services will cover your case from beginning to end, meaning our solicitors will handle any preparation needed as well as represent you at the hearings.

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To prepare your case, our lawyers will speak to witnesses that you want the tribunal to hear from and prepare their witness statements, which present their evidence ready for the tribunal hearing. We will deal with document disclosure and ensure that all the necessary paper evidence is included in the bundle for the tribunal to refer to during the hearing.

 

We will deal with any preliminary hearings, whether they are for case management or to deal with any outstanding issues, such as time limits or clarifying or amending the claims. Our expert team will then be able to proceed to the full hearing with all the evidence we have compiled.

 

What happens during a tribunal?

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Tribunals can be stressful for all those involved and our lawyers are there to support you through the whole process. You’ll have complete peace of mind that your defence has been prepared to the highest standard. We’ll make sure you’re informed about what is likely to happen at the hearing so you will feel confident on the day.

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All witnesses will need to be present during some, and more often, most of the hearing, even where witness statements have been submitted. They will be cross-examined by the claimant's representative (or the claimant if representing themselves) and may be questioned by the tribunal as well. Our solicitors will work with you and your witnesses beforehand to ensure they are ready and know what to expect.

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In addition to presenting your evidence, and cross-examining the claimant's witnesses, our solicitors will deal with any applications throughout the hearing, and prepare and make legal submissions on your behalf, to enable the tribunal to reach its decision and give a judgement. Sometimes judgements are given on the day, but may also be deferred and given in writing later. Whenever it is given, your solicitor will explain the outcome to you and ensure you understand the judgement and its effect.

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What are the potential outcomes of an employment tribunal?

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Our team has an impressive track record in reaching resolutions that are highly satisfactory to our clients. We would hope that the case is successfully defended and the claimant's claims are dismissed. However, other potential outcomes can include judgements against you as a respondent which may require:

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• Compensation.

• Payment of money or wages owed to the employee making a claim.

• Re-engagement or reinstatement.

 

Whilst it is always a primary consideration if the claim is successful, it is unusual that a tribunal would require you to reinstate or re-engage a dismissed employee. Instead, it’s more likely that you will have to pay the claimant monetary compensation. Our lawyers will always work hard to secure the most favourable outcome for your business, and to minimise the amount of any award of compensation made to the claimant as far as possible.

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Can we settle an employment tribunal claim?

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An employment tribunal claim can be settled without the need for a full hearing if both parties can agree a resolution. This can allow issues to be resolved much more quickly and, because this can save your business money, our lawyers will always put forward settlement proposals when that is something our client wishes to pursue. We will offer legal advice on the potential outcome and how offering to settle could benefit the case. Ultimately, the decision to settle before a hearing will be yours to make, providing the claimant also agrees.

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Ask us about handling employment tribunal claims

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Whether your business is currently faced with a dispute that could escalate, or you've received an employment tribunal claim, our team can offer personalised legal advice. Enquire about our flexible packages to find a service that meets your needs. All our fees are completely transparent and will be discussed before we work on your case. No matter what stage the tribunal proceedings are at, our lawyers can prepare a defence to support you at your hearing.