It can be worrying if an employee files a claim against you with the employment tribunal. A combination of solicitors and barrister's fees can result in a significant legal bill. This can amount to tens of thousands of pounds in complex cases!
It's rare that you will recover your costs from the employee if you win. Many employers, especially smaller businesses, will try to settle a claim, even if the claim is weak, because it's cheaper than fighting it and racking up legal fees.
We can help! Our affordable hourly rate enables you to fight an employment tribunal claim for significantly less than the costs of a using both a solicitor and a barrister.
If a current or former employee wishes to file a claim against you at an Employment Tribunal, they typically must start this process within three months of the incident they are basing their claim upon.
The individual must first contact ACAS before filing a claim with the Tribunal. ACAS will invite them to an 'early conciliation' process with you. This gives you an opportunity to negotiate a settlement of the claim before it gets filed. Often, the first that the employer knows about a potential claim is when they are notified by ACAS.
Early conciliation gives you an opportunity to negotiate a settlement of the claim before it gets filed. If you reach an agreement, this will be documented in a special ACAS settlement agreement document known as COT3.
If you fail to reach an agreement, or if either you or the employee refuse to participate in the conciliation process, then ACAS will issue the individual with a 'certificate number' that they can use when filing their Employment Tribunal claim using form ET1. As the employer, you will receive a copy of the ET1 and you will need to respond with an outline of your defence against the claim using a form ET3.
We can manage the entire tribunal claim process for you, and even represent you at the tribunal if necessary. We can also evaluate the situation and give you pragmatic advice on whether to settle or fight the claim.
We can support you through the Employment Tribunal process:
Note: as these may be substantial engagements, we may require a percentage of our estimated costs 'on account'.
* Travel and, if necessary, accommodation required to attend your offices or an Employment Tribunal will be charged at cost.
A complete settlement agreement for a fixed fee.
This fixed fee service enables you to have a settlement agreement drawn up, ready for sending to the individual, with an hour of negotiating time included in the package.
A settlement agreement is a legally binding agreement that sets out the terms and conditions for settling a claim, and usually a mutually agreed termination of the employment relationship.
If there is any merit to the claim, then agreeing a settlement at an early stage will be much cheaper.
Settlement agreements need to be very carefully drafted. They usually include a severance payment by the employer in return for an agreement that neither party will pursue any claims against the other. There will also be other important conditions that might be included in the agreement, such as confidentiality clauses, an agreement to provide a neutral reference, and so on.
Sometimes, a settlement agreement is needed when there is no dispute (yet) but where you have had a 'protected conversation' with the employee about them leaving the business because it's just not working out.
Poorly drafted settlement agreements can leave your business at a disadvantage. We can advise you on whether, and how, you should settle any claims, and we will help ensure you get a legally robust and properly drafted agreement.
There may be a 'preliminary hearing' before the final tribunal hearing. The preliminary hearing is where the judge decides when the final hearing should take place, and how long it will last (usually no more than 3 days). The judge may also give directions on how any documents or witnesses should be dealt with.
A preliminary hearing is also an opportunity to ask the judge to decide whether some, or all, of the claim should be dismissed. If we believe the claim is weak, we can also use the preliminary hearing to request a 'deposit order'. A deposit order requires the claimant to deposit a sum of money with the tribunal in order to continue with their claim. They only lose their deposit if they lose their claim.
This may sound like a long and onerous process, but we can use this time to gather the necessary documents, prepare witnesses, and pull together the evidence bundle.
Unfortunately, there is no way to predict how long the employment tribunal process will take. The tribunal system does have a substantial case backlog and it's not unusual for there to be a six to twelve month period between the initial claim being filed and the hearing taking place.
After hearing the claim, if the Tribunal decides that there should be some compensation or other remedy, then sometimes you may need to go back for another session known as a 'remedy hearing'. This separate session is used to determine what the amount of compensation and other remedial actions should be.
In addition, either party might appeal the Tribunal decision, which means another hearing has to be scheduled with the Employment Appeal Tribunal. This will also require an evidential bundle and representation.
The best way to minimise the overall time taken by this legal process is to ensure you have made comprehensive and robust preparation, along with solid and experienced representation. Our role is to deal with the claim as quickly and cheaply as possible, and we'll do our best to keep costs to a minimum.
If you are in dispute or face an employment tribunal claim from an employee, contact us for a free 30-minute confidential consultation.
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