Make us your Litigation Partner
If you've handled everything properly and made fair and reasonable decisions around employee relations, you would hope not to end up in the Employment Tribunal.
Unfortunately, the decision to commence proceedings is not yours and you cannot stop an aggrieved employee exercising their right to challenge your decision. What you can do, however, is get expert advice before you make any decisions about how you should deal with the claim.
Getting advice at an early stage is invaluable. Knowing how strong or weak the case against you is and having a proper understanding of your financial exposure will enable you to decide whether to seek an early commercial settlement or to stand your ground and defend the claim.
Whether you choose to handle the case yourself or instruct us to represent you, we are here to guide you through the whole
process. We will advise on the strengths (and weaknesses) of your position and the best strategies to use to dispose of the
Ultimately the strategic decisions you make will be yours. We are here to equip you with the necessary knowledge and understanding to enable you to make a decision that best suits you.
Your first response to a claim
If you receive notification of a claim against your organisation, it will normally be through the ACAS Early Conciliation Service. The clock starts ticking straight away so you should not delay in obtaining legal advice.
The purpose of the ACAS Early Conciliation Service is to give the parties an early opportunity to explore settlement as an alternative to the case going to the Tribunal. The ACAS conciliation office will act as a go between and if the case is settled will draw up the settlement document (COT 3) for the parties to sign.
If the case isn't settled by the deadline, the Conciliation Office will issue a certificate stating that conciliation has failed and the Claimant is free to go to the Employment Tribunal.
Once the claim is issued, you are likely to be opposite employment lawyers who know the law and are familiar with the Employment Tribunal, so getting professional help yourself is the first step to putting your business on an even playing field.
Often it is what you say in your defence document– the ET3 – that will determine how the case develops and it can make all the difference between successfully defending the claim or losing it.
Meg Pennycook, our Tribunals Specialist has represented the Respondent in the following cases:
Holland-Day v London Borough of Ealing, London Central ET: successfully represented Council against a claim of unfair dismissal brought by former teacher who alleged bullying and harassment.
Nanjuwany v H&M, Watford ET: successfully represented H&M, defending the company against claims of race and religious discrimination.
Tibbles v MMR, Dundee ET; successfully defended a construction company in a three-day constructive dismissal case.
O’Hare v H&M, Cardiff ET; successfully defended H&M against the employee’s claims of pregnancy-related discrimination, sex-discrimination and automatic unfair dismissal.
Sirutiene v Beverley Martins, London South ET; successfully defended the employer against the employee’s claim of constructive dismissal.
Jabbary v Splendid Hotels Group LLP, Watford ET: prepared case for Splendid Hotels Group, succeeding in defending company against claims of race and religious discrimination, and obtaining costs from the Claimant.
Childs v Barnardo’s, Bristol ET: successfully represented Barnardo’s against claims of age discrimination.
Sayers v Barnardo’s, Edinburgh ET: successfully defended Barnardo’s against claims of unfair dismissal and disability discrimination
What Our Clients Say:
Karen has always been incredibly responsive and gives balanced and considered direction in what is an unbelievably complicated area. Highly recommended
Tim Hedges, Director, ODC Door & Glass Systems Ltd