Employment Tribunal Representation
Our employment lawyers are experts on Employment Tribunal claims at all stages of the litigation process from preparing the claim to carrying out advocacy on your behalf at a tribunal hearing.
In each case we will assess the risks and provide an expert assessment of the likely outcome of the litigation. Often claims settle and we can advise you as to the appropriate settlement value of any given claim. At tribunal hearings we aim to (and in most cases do) achieve a successful outcome for our clients.
Paying for an Employment Tribunal Claim
We may be able to act for you under various funding arrangements depending on the circumstances including privately paying, through legal expenses insurance or under a ‘no win, no fee’ agreement. From the outset and throughout the matter we will give you an accurate estimate of the costs and risks of the litigation.
The Employment Tribunal Process
Throughout an Employment Tribunal claim we will keep you informed of what is happening and react quickly to any developments.
A typical Employment Tribunal case may include the following stages:
- Pre-claim conciliation
- Lodging of the Claim and Response
- Preliminary Hearing
- Issue of case management directions
- Judicial Mediation
- Exchange of witness statements
- Full Hearing
- Remedies Hearing (if the Claim succeeds and remedy is not dealt with at the Full Hearing)
From May 2014 pre-claim conciliation (PCC) through ACAS is now mandatory before a claim can be lodged with the Employment Tribunal. As part of this process you must complete a simple form with you and your employer’s contact details. On receipt an ACAS case worker will contact the parties to see if they wish to take part in conciliation to resolve the matter.
Assuming the matter is not settled through PCC you will be able to proceed with lodging the claim with the Employment Tribunal by paying the appropriate fee (the initial issue fee for an unfair dismissal claim is £250 with a further hearing fee of £950 payable shortly before the full hearing of the case). A copy of the claim will be sent to the employer who has 28 days to lodge its Response.
Depending on the type and complexity of the claims(s) brought, the Employment Tribunal may arrange a preliminary hearing to understand the issues raised in the claim(s) and to give directions for the management of the case. Preliminary Hearings may be conducted at the Employment Tribunal venue with the parties present or, sometimes, by way of a telephone conference call between an Employment Judge and the parties or their representatives. In more straightforward cases standard case management directions may be issued by post to the parties without a Preliminary Hearing.
Standard case management directions will require the parties to disclose all documents that are relevant to the claim(s) and to agree a bundle containing all the relevant documents for use at the Full Hearing of the case. The parties will also have to prepare and exchange witness statements containing the evidence of their respective witnesses who will appear at the Full Hearing.
The duration of the Full Hearing will depend on the type and complexity of the claims(s) brought. In an ordinary unfair dismissal case the Full Hearing is typically between 1 – 3 days. If you are successful then the issue of remedy (in unfair dismissal cases this includes reinstatement, reengagement or compensation) may be dealt with at the Full Hearing or, if there is insufficient time, at a later Remedies Hearing.
Employment Tribunal claims are often settled and this may occur at any stage including before or during a Full Hearing or after the Tribunal has given a judgment on liability but not yet dealt with remedy and has listed the matter for a Remedies Hearing. Settlement is normally done via ACAS or by using a Settlement Agreement.
More from the Downs Blog
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British Gas has been in the media over recent weeks due to the “fire and rehire” approach with their employees.
I own a start-up which grew very quickly and a few years ago I hired in a couple of senior personnel to help run the business. After 5 years, one of these senior hires is now leaving the business and going to a company which isn’t a direct competitor but operates in a very similar field.
When shared parental leave was introduced in 2015, one of the concerns was whether an employer would need to offer enhanced shared parental leave pay if the employer provided enhanced adoption and/or maternity leave pay.
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19 February 2021. The UK Supreme Court has issued its judgment in the highly anticipated case of Uber BV v Aslam, in which the key issue was the employment status of Uber drivers. The ruling reinforced the findings of earlier legal challenges (most recently the Court of Appeal in 2018), which found that Uber drivers are workers and not self-employed.
Recent news reports indicate that some employers are considering making it compulsory for their staff to have a Covid vaccination. Is this a lawful, or even sensible, move by employers?
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During these uncertain times, it is good to know you can count on us.
Even after the recent Government announcement of another national lockdown we remain open for business and are here to help you.
On Thursday 5 November 2020, the Chancellor announced that the furlough scheme is to be extended until the end of March 2021. During this period you will be able to claim up to 80% of an Employees salary up to a cap of £2500.
The Chancellor announced over the weekend that the Coronavirus Job Retention Scheme (CJRS) that was due to end on 31st October will be extended until 2nd December. The level of support available under the extended scheme will mirror that of what was available under the CJRS in August, with the Government paying 80% of wages up to a cap of £2,500.
The Chancellor announced on Thursday 22 October that the Government contribution to employers’ wage costs under the Job Support Scheme (JSS) will be increased. Employers will be expected to pay 5% of the cost of unworked hours instead of the 33% originally announced.
Back in the summer the Chancellor announced that employers could receive a one-off payment of £1,000 for every employee who had previously been furloughed under the Coronavirus Job Retention Scheme provided they remained continuously employed to the end of January 2021. Businesses will be able to claim the Job Retention Bonus from 15 February 2021 and the Government has stated that further guidance will be provided by the end of January 2021.
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Downs Solicitors is pleased to play a small part in helping to raise awareness of a new and important piece of employment law that is coming into force in April 2020. The Parental Bereavement Leave and Pay Regulations will be known as Jack’s Law. This is in memory of Jack Herd who died in 2010 and whose mother, Lucy, has campaigned tirelessly ever since for mandatory leave for grieving parents.
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Jordi Casamitjana was dismissed in 2018 by The League Against Cruel sports for gross misconduct. Mr Casamitjana, an ethical vegan, claims that his dismissal came after telling colleagues that their employer’s pension fund was being invested in companies involved in animal testing. His solicitors claimed that the decision to dismiss was made because of his beliefs around ethical veganism.
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To follow up on a couple of recent news stories relating to flexible work, for employers thinking of adopting change, you will also need to know how to effectively manage a more flexible workforce.
Despite Dolly Parton's smash hit, it seems that just 6% of working people are sticking to the traditional 9-5 shift pattern, according to a recent survey by YouGov.