Defending Employment Tribunal Claims

With the recent judgment ruling the fee for employment tribunals as unlawful, businesses are expected to see an increase in tribunal claims. This means that more than ever, employers should ensure they are keeping fully compliant with the complexities of employment law, and that they are fully informed about the legal rules applying to the different areas, such as flexible working, part-time employees, freelance and temporary contracts. Our Employment Solicitors serve business clients in London and throughout the UK, including Bristol, Milton Keynes, Leeds, Kent, Wirral, Merseyside, Flyde Coast and Manchester.

We would always advise on the careful drafting of contracts and company policies and procedures to prevent future claims, as well as to keep abreast of all the changes to the law. However, this is easier said than done, which is why we offer businesses a seamless employment law service, which will ensure you are in the best position should a dispute arise. Our solicitors are on hand to ensure your business stays up to date with changes in legislation, and your policies, procedures and contracts are in line with any future changes in the law. We are here to protect your business' interests so that you can focus on meeting your business objectives.

Our expert Employment Solicitors also have extensive experience in defending all types of employment tribunal claims, including in relation to discrimination, redundancies, TUPE and health and safety. Where you have an employee issue, get in touch with us straight away. We can assist you with settling a claim outside of court through negotiation, mediation or arbitration.

The outcome of any tribunal is usually determined by whether the employer acted fairly and reasonably, and whether their actions remained within the confines of the law. With robust advice on policies and procedures, we can help employers prevent the types of situations that may give rise to a tribunal claim. 

Attending an Employment Tribunal

An employment tribunal will be likely where communication has broken down following the mandatory ACAS Early Conciliation procedure. The claimant will send an ET1 form to the employer, who has 28 days to lodge a response in a completed ET3 form. A Case Management Order will then be made by the tribunal, which lays out the steps required to be taken to meet the tribunal rules, such as gathering documents and witness statements. Where the case proceeds to a full hearing, it will be heard by one judge, or a panel made up of one judge and two lay people, depending on the nature of the dispute being heard.

The employee and employer are both given the opportunity to give evidence on oath or affirmation. Each party's solicitor and the judge may then cross-examine the witnesses.

Once all the evidence is heard, it is down to the judge to make a decision there and then or to retreat and forward a decision at a later date.

Can I Appeal a Tribunal Decision?

If you are not happy with the outcome of a tribunal case, you can appeal on a point of law to an employment appeal tribunal. After this, you can then take your appeal to the Court of Appeal, and then to the Supreme Court. Where there is a European issue to be clarified, the appeal can be sent to the European Court of Justice. There is a time limit of 42 days from the date the notification of the decision was sent to you (the date the notification was dispatched) to lodge an appeal. If you feel you do wish to appeal, it is important you get in touch with a solicitor as soon as possible in order to meet this time limit.

With our expert Employment Solicitors working to fight your corner, you can be confident you are in good hands.

Expert Employment Solicitors England & Wales

Our solicitors are members of the Employment Lawyers Association, as well as maintaining close links with the CIPD, delivering lectures and training to senior managers and HR specialists. We are a no-nonsense, straight-talking legal firm, with a keen eye for the most pragmatic and cost-effective solution for you, to keep your costs down and allow you to get on with running your business. We make it our business to see that any employment issue is dealt with swiftly and without fuss. Our specialist Employment Lawyers offer services throughout England, including in London, Oxford, Birmingham, Brighton, Portsmouth, Southampton, Sussex, Surrey, Manchester, Liverpool, Cardiff and Swansea. Wherever you are situated in the UK, we can source an expert Employment Solicitor with extensive knowledge and experience in this fast-changing and complex area of law.

We have the expertise and experience to advise employers of all shapes and sizes – from large PLCs and multi-nationals to SMEs, charitable organisations and small family businesses. We believe that no business is too small to gain benefit from the very best legal advice. Our solicitors deliver practical and proactive business solutions when you need them. Give us a call today to discuss your case.

As well as representation at employment tribunals, our Employment Lawyers regularly advise employers on a whole range of contentious matters, including:


Contact our Employment Lawyers in London, Manchester, Bath and Birmingham

Scott-Moncrieff has been delivering legal services for over thirty years. We are a forward thinking legal firm, with solicitors located all over the country. Speak to us face-to-face or online, via Skype or by phone – the choice is yours. We advise people, companies and other organisations on a full range of legal issues, including employment law, alternative dispute resolution (ADR), unfair dismissal and disciplinary and grievance proceedings.

For robust and practical legal advice on any employment issue, speak to our specialist Employment Solicitors today. Contact us on 0203 811 6228, or complete our online contact form and someone will be in touch to discuss your case.

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