Employment tribunal representation
Specialist employment tribunal representation will be critical to securing a positive outcome for your organisation.
We can help protect your interests and reputation.
Employment tribunal representation
Following the removal of tribunal fees for claimants, increasing numbers of employees are now bringing employment law claims against their employers.
This creates an imperative for employers both to take measures to mitigate the increased risk of litigation and to approach workplace disputes with greater care and skill to avoid escalation to tribunal.
Employment tribunal representation services
Tribunal claims can be costly, protracted and they distract from core business activity. There are strict procedures to follow and your conduct throughout the process will be subject to tribunal scrutiny, potentially impacting the level of damages you will need to pay should you lose.
The tribunal process and timescales are strict, and failure to comply can be detrimental to your defence and could see a default judgment made against you.
Key considerations for employers when facing a tribunal claim include:
- Early advice – The legal basis of any defence should be defined and a strategy developed from the outset. Should early conciliation fail and the claim is litigated, you will be in a stronger position to respond within the timeframes.
- Eligibility – One of the first requirements to establish will be whether the individual has the right to claim against the organisation. For example, some but not all employment rights extend to ‘workers’ – a broader class than ‘employees’ – and some claims require the individual to have a minimum period of service with the employer.
- Evidence & witnesses – With the merits of the claim assessed, and a defence strategy in place, the next stage will be to gather the evidence to support the case. This will require sourcing and analysing documents and records, and speaking with witnesses and identifying any other information from internal parties to prepare the response.
- Disclosure – Disclosure is a central feature of tribunal procedure, requiring careful handling where issues of privilege exist.
- Costs – Costs will be an influential factor throughout the claims process. With no guarantee of costs recovery for the winning party, it may make financial sense for lower value claims to be settled with the use of a compromise agreement before tribunal proceedings. Consideration should also be given to the potential final compensation award, weighing this up against the cost of funding the claim in terms of money, time and attention.
We can help
DavidsonMorris’ employment lawyers have extensive experience in providing employment tribunal representation for employers.
Whatever the employment issue, from dismissals to discrimination or equality, we can help ensure your interests and reputation are protected.
We provide guidance throughout the tribunal process, from the pre-litigation stages to representation at tribunal hearings, to help you achieve the best outcome for you and your business.
Our employment tribunal representation service includes:
- Full assessment of case merit
- ACAS early conciliation support
- Devising a defence strategy
- Liaising with the claimant’s representatives on your behalf
- Gathering evidence and witness statements, instructing experts witnesses where required
- Full case management
- Disclosure of documents
- Issues of privilege
- Counter schedules of loss
- Filing applications & preparation of bundle
- Formal questionnaire responses
- Negotiating & drafting settlement agreements
- Costs warning letters
- Experienced tribunal representation at all hearings
In most cases, employers will want to avoid the demands and expense of going before the employment tribunal. We can advise on options to achieve an early resolution or settlement, handling all negotiations and drafting the required documentation on your behalf.
We can also provide insight into tribunal costs, giving consideration to potential compensation awards and cost recovery, as well as advice on appeals to the Employment Appeals Tribunal, where an error of law can be established in the original decision.