Employment Tribunals

Employment Tribunal Solicitors

Workplace disputes can rapidly escalate to an employment tribunal, which can be time-consuming, disruptive and costly to your business. Early advice from our specialist team can maximise your chances of successfully defending your claim and protecting your reputation.

When a workplace dispute arises, our team of employment law and HR experts can work with you to proactively assess the situation and advise you of your options to reduce the impact on the business. This may include negotiating a settlement agreement or exit package.

Where a dispute does result in an employment tribunal, our experts will defend the claim and ensure that the business presents its case effectively to maximise your chances of success.

What types of employment tribunal claims can an employee bring?

There are several different claims an employee can bring depending on the circumstances, including:

• Breach of contract-an employee claims that you have breached one or more of the terms of their employment contract
• Unfair dismissal-an employee claims that you did not dismiss them for a fair reason or they claim that you have acted unfairly in dismissing them on the basis of that reason
• Discrimination-an employee claims that you have discriminated against them on the basis of a protected characteristic (race, sexuality, religion, age, pregnancy or maternity, marriage or civil partnership, disability, gender reassignment, sexual orientation)
• Wrongful dismissal-an employee claims that the way they were dismissed breached the terms of their contract

Do employees have a time limit for making an employment tribunal claim?

Time limits for bringing an employment tribunal claim can vary depending on the nature of the claim.

In terms of unfair dismissal claims, the employee has a time limit of three months from when their employment was effectively terminated to bring a claim.

Regarding discrimination the employee has three months from the date of the act/last act complained of, and for breach of contract claims an employee has up to six years to bring a claim.

In addition to bringing the claim, the employee should have contacted ACAS and begun the Early Conciliation period to see if the matter can be resolved without the need to go to tribunal.

What is the employment tribunal process?

• Preliminary hearing-This is to confirm the issues that need to be resolved, whether all or part of the claim can be dismissed and whether a deposit needs to be paid, as well as any orders regarding documents and witnesses and details about the final hearing. You need to prepare to give evidence about why it is not possible to reinstate the employee and what you consider to be appropriate compensation and how you reached that amount.
• Final hearing-When you arrive you will be asked about witnesses and whether you have any queries about documents. When all the evidence is heard, both sides can sum up and the tribunal retires to consider their judgment. A decision is made on the whole claim and whether it is successful and if so, what the remedy would be.
• After the hearing-You will either be given a copy of the tribunal’s judgment on the day of the hearing or sent a copy after the hearing. The unsuccessful party can either accept the decision, or challenge the tribunal’s findings by either requesting that the tribunal reconsider its decision within 14 days of being sent the judgment or by appealing to the Employment Appeal Tribunal within 42 days of the date the tribunal’s written reasons were sent to the parties.

How do I respond to an employment tribunal claim?

Upon receiving an ET1 claim form from the claimant employee, the employment tribunal will give you the opportunity to respond to the claim.

At this point you may want to seek legal advice to help you respond to the claim.

The ET3 response form you send should acknowledge and respond to all the allegations being made and be posted or emailed to the tribunal office within 28 days of the date it was sent out.

It is also worth checking that the claimant employee has made their claim within the time limit, meet all the requirements for making a claim and have contacted ACAS and gone through the Early Conciliation process before making an employment tribunal claim.

Do I need a solicitor for an employment tribunal claim?

Whilst it is not a legal requirement to instruct a solicitor for an employment tribunal claim, it can be useful to do so when receiving a grievance from an employer or an Employment Tribunal claim form or ACAS Early Conciliation notification as they can ensure that you respond to the allegations thoroughly and make the strongest case for you.

An employment law solicitor can also advice on when it is in your best interests to make a settlement.

Why use Rothera Bray for employment tribunals?

Rothera Bray’s employment law experts also work with individuals who feel that an employer or potential employer has treated them unfairly.

We have years of experience in dealing with complex cases of disagreements between employers and employees, and we have comprehensive knowledge of the law in this area.

We can advise you on your options such as negotiating a settlement or pursuing mediation. If we believe that an employment tribunal is right for your case, we will support you every step of the way.

Natalie Abbott has over a decade of experience advising businesses on employment law, helping them to navigate difficult situations and potential pitfalls whilst saving time and money in the process. Get in touch with Natalie by email n.abbott@rotherabray.co.uk or by phone 03456 465 465.