Defending Employment Tribunal Claims
Receiving an Employment Tribunal Claim
What happens then when an employee files a claim with the Employment Tribunal against your company, and how can you increase the likelihood that you will be able to defend the allegation? You will receive "ET1 form" sometimes many months after the alleged incidents happened that have given rise to an Employment Tribunal claim.
The letter from the Employment Tribunal will notify you of an employment tribunal claim. This will detail the kind of claim your employee has made (discrimination, for example, or an unfair dismissal) as well as the events they allege have given rise to the claim. Whether or not this has occurred will be stressful because it means an unnecessary cost for your business.
Employment Law Solicitors
It is imperative that you take immediate action upon receiving a claim from the Employment Tribunal, since you will have an only 28 days to submit your reply (referred to as an "ET3 form") to the Tribunal. You risk having a judgement issued against you or being barred from participating in the proceedings if you miss this deadline. The hourly rate of employment solicitors is subject to significant variation depending on several criteria, such as the experience level of the solicitor, the intricacy of the case, and the practice's location. In the UK, employment solicitors often charge between £100 and £400 per hour. Lower-end solicitors or those practicing in less populous regions could charge at this range. Senior solicitors or those with offices in large cities like London, on the other hand, are probably going to charge even more. Employment lawyers with specialised knowledge who handle exceptionally complicated situations could charge considerably more than this.
cost of defending employment tribunal claim
The cost of legal representation might also vary greatly in employment tribunal proceedings. The length and complexity of the case, the degree of legal knowledge needed, and whether the matter is resolved before going to the tribunal all affect these expenses. Simple cases, such those involving accusations of illegal salary deductions, may run from £5,000 to £10,000. More complicated cases, such those involving discrimination or unjust dismissal, may cost between £10,000 and £30,000. Sometimes, especially in complicated scenarios, with numerous claims can increase these numbers. It is normally Counsel that is the representative in the Tribunal. You can book a barrister in advance for your hearing but this is complicated because you can never seem to get the person you want to represent you.
TIPs For Defending an Employment Tribunal Claim
When defending against an Employment Tribunal claim, we advise you to perform the first steps listed below to give yourself the best chance of winning:
Legal insurance
Verify whether your company has an employer's legal insurance coverage in place to protect your spending on legal fees. If so, your insurance might pay for all your legal costs if you must defend an Employment Tribunal claim.
2. Acas Early Conciliation
All employment law claims must be brought within 3 months of the alleged incident that gave rise to the claim. It is possible that ACAS early conciliation prolonged this limitation period, thus it may not be immediately apparent whether the employee filed the claim on time. A strikeout may be an option if the claim is filed beyond the deadline. If ACAS early conciliation has not been conducted, there will be an excellent chance to resolve the claim quickly to save money for the company down the road. For the directors, this is a business choice and discussed below.
3. Seek expert employment advice
Consult an employment specialist as soon as possible. To ensure that you are in the best possible position moving forward. The person with the skill to draft a response to any claim will generally be an employment law barrister and is the ideal person to construct your defence against the claim.
4. What evidence do I need for my Employment Tribunal claim?
All the papers you have that could be important to the Employment Tribunal claim should be gathered and kept safe. Relevant evidence may include, but is not limited to, your employee's employment contract, any HR policies, and procedures (such as your disciplinary or grievance policy), minutes of any meetings and emails and WhatsApp conversations about the disagreement.
5. Witnesses in Employment Tribunal cases
Consider who are the appropriate witnesses for your case. The duration of Employment Tribunal procedures may be extended up to 2 weeks; therefore, it would be beneficial if your witnesses can provide your legal representative with their witness statement early on when their recollections are still clear. In matters before the Employment Tribunal, every witness is required to draft a written witness statement. The written witness statement outlines the factual supporting documentation you want to provide at the hearing. Prior to the hearing, witness testimonies will often be shared with the other parties involved, ideally a few weeks beforehand.
6. Settle early and save money
Think about whether it would be proper to settle the claim. Even if you may think the claim is baseless and desire to refute it, there are instances when it will be less expensive for the company to settle with the employee. There are benefits and drawbacks to settling, is a business decision and the directors should make the decision of what is needed for the business. Costs are not recoverable in Employment law like in other areas of law. So, it is like throwing money away, simply to defend claims. Using some common sense, it is easy to decide whether it's the best course of action in your specific situation and when to provide the employee with a settlement offer.
7. Defending an Employment Tribunal Claims package
Even though you will have the chance to provide witness testimonies, your defence will be built upon your first response to the ET1. We can assist you responding to the claim at a fixed fee. The expense of legal representation is significant, and the expenditures you pay are not recoverable. It does not have to be costly to get advice from a specialist. Our advice is honest and direct to address your employment law issue. For a fixed fee we provide you with the ET3 Form completed along with the Grounds of Resistance.
8. The Legal services
You will have access to a 60-minute consultation;
Creating an ET3 Draft Form;
We will talk about the facts and your claims to decide what to highlight;
Grounds of Resistance will be drafted for defence and attached to the ET3 Form;
Support in determining how to respond to incoming correspondence and documents;
9. The cost
All the legal services with an all-inclusive fixed fee that is affordable for all £412.00
