Employment Tribunal Representation

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.