Despite your business following best practice, it’s inevitable that you might face Employment Tribunal proceedings. Our Employment Solicitors have years of experience in helping businesses through the various stages of the Employment Tribunal process.
For initial advice on Employment Law and HR issues call our Business Employment Solicitors.
How We Can Help You
There are a number of stages that any employment law claim will go through before getting to an Employment Tribunal and we can help you every step of the way. We can:
- Guide you through the early conciliation process to reach a settlement agreement or COT3 agreement before a claim is issued
- Assess the merits of your employee’s case, and the strength of your defence
- Help you to settle any claims including drafting any relevant paperwork
- Representing your company through the Employment Tribunal process
Because of the uncertainty and the potential costs involved with a Final Tribunal Hearing, most businesses will want to avoid them, but it really does depend on the circumstances.
Sometimes you will need to proceed to a Hearing if settlement is not possible. If this does happen, we’ll make sure that your business has the best possible prospects of success and we’ll fight for the right outcome.
We want you to be completely comfortable with the whole Employment Tribunal Process so you always know what the next steps are so we’ll run through exactly what will happen before the process starts.
The Employment Tribunal Process
Before an employee in England or Wales can start the Employment Tribunal Process, they have to contact ACAS for mandatory Early Conciliation.
The ACAS Early Conciliation process alters the time limit for bringing a claim at an Employment Tribunal. The time limit is generally three months less one day from the date of dismissal or the act of discrimination. The rules around extended time limits can be quite strict so feel free to speak to one of our Business Employment Solicitors.
Once a claim is issued, the Employment Tribunal will send your business a Notice of Claim letter. This should include the employee’s ET1 claim form. You have 28 days to respond to the claim. As Employment Tribunal deadlines are quite strict, it’s advisable to get specialist legal advice as soon as possible.
After you lodge your response to the ET1 document, the Employment Tribunal will provide directions to you and to the other person asking for various tasks to be performed in preparation of a Final Hearing. This usually includes a Preliminary Hearing. A Preliminary Hearing is usually shorter and the Tribunal will set directions and address any issues.
Employment Tribunal Costs
As a general rule, both employers and employees pay their own costs when it comes to Employment Tribunal proceedings. The Tribunal does have the discretion to award costs against the other side but this usually only happens in exceptional cases.
If an employee does bring a successful Employment Tribunal claim against your business, then your business will probably be ordered to pay compensation to the employee. The amount of compensation can vary depending on the nature of claim and the findings of the Employment Tribunal.
In unfair dismissal cases, compensation is based on a basic award. This is calculated in the same way as statutory redundancy. On top of the statutory award, there will be a compensatory award. Compensatory awards are generally assessed against the employee’s loss of earnings.
Businesses should bear in mind that in cases of discrimination at work, employees could also be entitled to an injury to feelings award as well as unlimited compensation for loss of earnings.
For more information on potential liabilities, contact one of our experienced Business Employment Lawyers.
Why Choose Simpson Millar?
Our Employment Solicitors have years of experience in dealing with Employment Tribunal cases for businesses. We operate fairly on pricing and we’ll discuss our fees with you before we carry out any work so there won’t be any nasty surprises. We can also work under cases which may be insurance funded.
We understand that going through an Employment Tribunal process can be a difficult experience for your business. We adopt a supportive and understanding approach and offer you technically astute, practical legal and strategic advice without legal jargon.
We’ll support you and base our advice on what is best for your business, always following your lead on what you want to do. You may want to settle at an early stage or you may want to be more robust. We appreciate that there is often no right or wrong answer and we’ll work with you on your preferred approach.
At Simpson Millar, we achieve settlement in most Employment Tribunal cases before a Final Hearing. This avoids an expensive, time consuming and stressful situation.
If your business needs a specialist Employment Solicitor to help you with the Employment Tribunal process, please get in touch.
For an initial Consultation call our Employment Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London, Manchester and Southport.