Employers Employment Tribunal Claims

Employment Tribunal Claims

An employment tribunal will make decisions in respect of employment disputes. An employer should ensure that it implements processes and practices to avoid a claim arising.

What kind of claim might be issued?

An employment tribunal can deal with a wide number of claims, for example, unfair dismissal and breach of contract. However, the courts may also hear employment related claims in some circumstances, for example, breach of contract.

What can I expect if my employee is going to issue a claim?

An employee must register with ACAS (the Advisory, Conciliation and Arbitration Service) under the early conciliation scheme before being able to issue a claim at an employment tribunal. The purpose is to enable the parties to seek to resolve the problem without recourse to litigation. Where the problem cannot be resolved, an employee may issue a claim at an employment tribunal.

How many claims can be issued at an employment tribunal?

An employment tribunal can deal with as many claims as has been issued provided that they comply with the requisite timeframes to do so. The claims would usually all be listed on the same claim form. Some claims might include, for example, unfair dismissal, discrimination and breach of contract. For an employer, therefore, dealing with proceedings at an employment tribunal can potentially be very costly both financially and also in terms of management time.

Tell us about your case

What can I expect during the employment tribunal process?

An employment tribunal will issue a number of orders early on in the case to ensure that both parties are ready by the time the hearing takes place. The orders can vary depending on the nature of the claims, but as a matter of course they will usually include dates relating to disclosure, preparation of the tribunal bundle of documents and detailed witness statements. There can be additional orders made during the proceedings which are specific to the case.

Can I avoid an employment tribunal claim?

An employer can avoid an employment tribunal claim by seeking to resolve the problem before a claim is issued at all. Any settlement would usually be outlined in a Settlement Agreement which is a confidential document that will prevent an employee from pursuing their employment rights in return for a financial settlement. It is a requirement that an employee seeks their own independent legal advice and it is usual for an employer to make a contribution towards that cost.

Other options can include the ACAS early conciliation process or, with the assistance of ACAS, a settlement at any time during an employment tribunal process.

What Our Clients Are Saying About

Lanshaws

“I cannot praise Angela of Lanshaws Solicitors enough, and would highly recommend them, everything was explained to you in detail, and would be very happy to put a testimonial on Lanshaws Solicitors website, if needed would definitely use them again and recommend to family and friends."

“The service provided was thorough, clear but friendly. Questions asked were well answered and explained. The whole service was very professional and it was a pleasure to work with Angela."

“My dealings with Angela Shaw was exceptional. She took me through step by step of my contract so I understood everything and advised me accordingly. I believe she went over and beyond her professional duties"

“Angela Shaw provided an excellent service from the initial consultation in which she took the time to make me aware of my options, through to the very satisfactory conclusion of my case. I would highly recommend her."

“I would thoroughly recommend using Lanshaws. I have used them on a number of occasions after a personal recommendation from a business contact. Always highly professional. Takes the time to explain all available options. Very personable. Worth every penny in my view."