We’ve compiled some tips on how to avoid getting into employment disputes.
But if a dispute leads to a tribunal claim, then here’s what to expect.
An employee can make a claim to an employment tribunal in circumstances where the employee feels:
In the employee’s claim form (the ET1), they have to specify a remedy which can include reinstatement of their old job, re-engagement in another role, compensation or a change in working practices.
The employment claim must be made within 3 months and a day of the date that the specific problem occurred, and employees no longer have pay a fee to lodge a claim. It's also worth noting that employees do not usually have cover their employee’s costs if they lose the case.
The first thing to do is not to panic.
Typically more than a quarter of claims are withdrawn, and a similar number are settled by ACAS. In fact, according the employment tribunal statistics service, only about 20% of cases actually make it to the final hearing.
However, where the claim is heard, these statistics suggest that the tribunal finds in favour of the employee, slightly more often than in favour of the employer.
Unfortunately for employers, where the employee’s case is upheld, the compensation awards can be substantial, so it is well worth engaging a specialist employment solicitor to try to resolve the case before it goes to a hearing, or if this is not possible, make sure the case is as well defended as possible.
This is where we can help. So if you have a difficult employee situation, or one of your employees has made or is thinking of making a tribunal claim, please don’t hesitate to get in touch.
Rachel has a wealth of experience in corporate and commercial law, having worked in practice and in-house since she qualified in 1993.
Rachel runs our legal team at Accounts and Legal, and specialises in drafting bespoke commercial contracts, shareholder's agreements, loan agreements, commercial leases and share option schemes.
Her colleagues also have specialisms in employment law and intellectual property, and cover the full spectrum of disciplines required by entrepreneurs and small business owners.
So if you have a specific requirement, or think you might benefit form a company health check, please don't hesitate to drop her a line.