Employment Tribunal claims have the potential to cause significant disruption to your business. Whatever the circumstances may be, instructing expert solicitors to provide robust support and representation when defending an Employment Tribunal claim is essential.
Our Employment Tribunal lawyers have experience in supporting employers with a wide range of claims, offering tailored guidance that ensures the best possible outcome is found in every instance, no matter what that may be.
Employment Tribunals, while less formal than other court proceedings, can still be complex affairs with various steps to navigate. Our specialist Employment Tribunal lawyers can support during every stage of proceedings, from a preliminary hearing right the way through to any appeals that may take place.
Ashtons Legal is highly ranked across a number of areas by leading independent client guides Chambers & Partners and the Legal 500. We have a fantastic reputation owing to our transparent, pragmatic legal advice, along with our commercial expertise and detailed understanding of employment law matters.
Contact our Employment Tribunal lawyers today
For expert advice and support when defending an employment tribunal claims, please contact our local offices in Bury St Edmunds, Cambridge, Ipswich, Leeds or Norwich.
Alternatively, for a free, no obligation fact finding meeting with our specialist employment tribunal lawyers, please complete our online enquiry form and a member of our team will be in touch shortly.
Our Employment Tribunal defence expertise
Our Employment Tribunal claims solicitors provide advice on matters including:
- Responding to Employment Tribunal claims
- Counter schedules and settlements
- Preparation for Employment Tribunal claims
- Employment Tribunal representation
- Employment Tribunal appeals
Responding to Employment Tribunal claims
If an employee intends to make an Employment Tribunal claim against your business, you will be served with a copy of an ET1 form. There is a strict 28-day deadline for you to provide a response to the claim with an ET3 form.
Before doing so, you will need to take the time to carefully assess the nature of the claim, whether ACAS early conciliation requirements have been met and whether the employee is able to bring forward the claim. This is something our team can support you with, offering clear guidance and ensuring that you provide a prompt and appropriate response.
Counter schedules and settlements
As a part of the process, an Employment Tribunal will ask an employee to clarify the type of remedy they are seeking. Following this, your business will then be able to offer a counter schedule which you believe to be a more accurate reflection of the claim.
Similarly, you may have an opportunity to discuss settlement with the employee making the claim on a without prejudice basis.
In both instances, our team can work alongside you to support with the negotiation process, making sure you offer a response that supports your defence against the claims.
Preparation for Employment Tribunal claims
After steps have taken place, such as a preliminary hearing, disclosure from both parties, a hearing bundle being prepared by the defence and witness statements being gathered, it will then be necessary to prepare for a hearing.
As can be expected, there is much to consider when preparing for an Employment Tribunal hearing. Our solicitors can help to make sure that you have all the information and evidence you need to be used at the Tribunal.
Where appropriate, our team can also help prepare you for judicial mediation, which offers a final opportunity for you to meet with the claimant and attempt to resolve the dispute without the need for a full hearing to take place.
Employment Tribunal representation
When full Employment Tribunal hearings commence, our team will be by your side to provide a robust and comprehensive defence. During the course of a Tribunal, we will clearly present your defence against the claims being made and carefully cross-examine the other side or their legal representatives to ensure that you are able to secure the right outcome.
Employment Appeal Tribunals
Appealing to the Employment Appeals Tribunal may be possible where you do not agree with the decision has been made. That said, it is important that you seek out legal advice on whether it would be in your best interests to make an appeal, and whether you are likely to have a decision overturned if so.
Our Employment Tribunal lawyers can advise in relation to this, as well as cases where the claimant makes an appeal to the Employment Appeals Tribunal.
Why Ashtons Legal is the smart choice for employment law advice for businesses
Our Employment Law team is led by Partner Ross Strowger, a specialist employment lawyer with extensive experience. Ross regularly works with businesses on a variety of employment law matters, including defending businesses facing Employment Tribunal proceedings.
We are ranked for our employment law expertise by prestigious client guides the Legal 500 and Chambers & Partners. This provides independent recognition of the quality of our legal services in this area.
Employment Tribunal FAQs
What does the Employment Tribunal process involve?
To bring a claim, a Claimant must submit their claim form (ET1) to the Employment Tribunal within the time limit.
As the Respondent, you must present a response (ET3) within the 28-day time limit. The case will then be passed to an employment judge who will consider the papers.
The judge will make a decision as to whether all or part of the case should be struck out (because it has no reasonable prospects of success) or whether the case should proceed. An employment judge has the power to issue case management orders setting out the steps the parties are required to take and the timetable for doing so.
A preliminary hearing may be called to discuss further directions needed to prepare the case for the final hearing and the issues in dispute that the employment judge will need to determine at the final hearing. An employment judge may also make a deposit order requiring the claimant to pay a deposit of up to £1,000 as a condition of being able to proceed if they consider that all or part of the claim has little reasonable prospects of success.
Tribunals are less formal than other courts. They can consist of an employment judge and 2 lay members. At the end of the formal hearing, the tribunal will give its decision in the form of a judgment.
A party can only appeal a decision on a point of law. The EAT will not interfere with the tribunal’s findings of fact unless the tribunal reached a conclusion no other tribunal could have properly reached on the facts before it.
It is our usual practice to instruct Counsel (a barrister) to represent at a hearing.
How much does it cost to defend an Employment Tribunal?
The cost structure for defending a claim made in the Employment Tribunal will depend on a number of factors, including the nature of the claim and the complexity of any surrounding circumstances.
Ashtons Legal is required to provide pricing information for bringing and defending claims for unfair or wrongful dismissal by our regulator, the Solicitors Regulation Authority (SRA).
We provide a comprehensive breakdown of our fees and charging rates for Employment Tribunal representation for businesses in relation to unfair or wrongful dismissal here.
How long does an Employment Tribunal take?
The time it takes for Employment Tribunal proceedings to finish will vary from case to case. Factoring in all of the steps that take place before the hearing itself, many Tribunal cases take over a year to conclude.
The Final hearing itself typically takes place over the course of a few hours, or days for more complex matters. It would be unusual, though not unheard of, for a hearing to take longer than this.
When can an Employment Tribunal claim be made?
Employees who wish to raise a claim through the Employment Tribunal are subject to strict time limits. In most cases, an employee would have three months minus one day from the date that the alleged problem at work to begin proceedings.
As mentioned above, as an employer responding to a claim, you will have 28 days to submit a response via an ET3 form.
Can an Employment Tribunal decision be appealed?
It will be possible to appeal any judgement, decision, direction, or order of an Employment Tribunal. However, it should be noted that you can only appeal on a point of law, which means that you must be able to identify flaws in the legal reasoning of the decision that was made.
How long does a Tribunal appeal take?
There are strict deadlines for appealing an Employment Tribunal decision. You must appeal within 42 days of the decision being sent to you, or the reasons for the decision being sent to you.
A hearing date will then be set, and you will be given at least 14 days’ notice to prepare.
Contact our Employment Tribunal lawyers today
For expert advice and support when defending an employment tribunal claims, please contact our local offices in Bury St Edmunds, Cambridge, Ipswich, Leeds or Norwich.
Alternatively, for a free, no obligation fact finding meeting with our specialist employment tribunal lawyers, please complete our online enquiry form and a member of our team will be in touch shortly.