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Employment Disputes and Employment Tribunal Claims

Advice for Defending Employment Tribunal Claims

One of the most trying and pressing situations a business can face is defending an employment tribunal claim. A business may face a number of different types of claims for various reasons. No matter what claim you face, informing and instructing us as your employment law solicitor as early as possible will ensure that you are represented in the best possible way.

We regularly defend our clients in relation to the following:

  • Discrimination claims: Where an employee is subject to less favourable treatment, harassed or victimised because of a protected characteristic (including but not limited to: sex, race, age, disability, sexual orientation and disability), by the employer or a colleague, they may have grounds for a discrimination claim.
  • Breach of contract: All employees have the statutory right to have a copy of their contract of employment the day their employment commences which sets out the relationship between employers and their employees. If an employer fails to comply with a clause in the contract of employment, an employee may bring a claim for compensation for the breach.
  • Constructive/Unfair dismissal: Once an employee has been employed for 2 continuous years they have the right not to be unfairly dismissed. This means that they cannot be dismissed for an unfair reason or by way of an unfair disciplinary Furthermore, an employee who has 2 years of service and feels that they have no other option but to resign due to a fundamental breach of their employment contract may have grounds for a constructive dismissal claim.
  • Notice pay: Where an employees’ employment is terminated they have a statutory entitlement to notice pay, and in some cases a contractual one. If an employer does not pay the correct notice pay, they may lodge a claim for notice pay.
  • Unauthorised deduction of wages (including commission and bonus payments): The law states the circumstances in which an employer can make deductions of wages. Any deduction that it made that is not covered by law is unauthorised or unlawful and will give right to an employee to lodge a claim.
  • TUPE: Where a business is bought/sold there are strict legal requirements that both the seller and the buyer must comply with. Failure to comply with the requirement can give grounds for a tribunal claim.

If you have any questions or need more information on how we can help you, Call 020 7903 6888 or e-mail contact@davenportsolicitors.com.

How we can help you with your employment tribunal claim in the UK

Our team of highly experienced employment lawyers, who have considerable experience in dealing with employment tribunal claims will discuss the claim in detail with you. We will take your instructions, consider your documents and then advise you as to whether we feel you have reasonable prospects of success in defending the claim(s).

When defending a Tribunal claim, there are several aspects that we assist with:

1. Liaising with ACAS: before submitting a claim, an employee must comply with the ACAS early conciliation process. If you receive a notification from ACAS that an individual is considering lodging a claim against you, we can speak to ACAS about the alleged claims and advise on whether settlement is appropriate.

2. Responding to the claim: usually a respondent has 28 days from the date the claim is received to submit their defence. The tribunal will send you a copy of the claim and confirm the date your response is required by. Failure to submit your defence before the deadline may result in the tribunal denying you the opportunity to defend the claim. We can draft your response ensuring that all the claimant’s allegations are responded to.

3. Advising on documentation: we can review all documents and advise on the prospect of successfully defending the matter and what an appropriate commercial offer of settlement may be.

4. Complying with Tribunal order: The Tribunal will usually give the Employer and Employee directions on when they must provide certain documents relevant to the proceedings and dates for any hearings. Failure to comply with the orders may result in an order being made against you. We can prepare the documents required by the tribunal and ensure you are represented at the hearings.

We can assist with negotiating a commercial settlement. Employment Tribunal claims can be settled at any point before the final hearing commences. It is recommended when settling a tribunal claim that parties enter into a settlement agreement which is a legal binding contract that requires evidence that the tribunal evidence is withdrawn in return for an agreed financial sum.

For assistance with employment disputes, call 020 7903 6888 or e-mail us at contact@davenportsolicitors.com

Employment tribunal claims can be expensive, time-consuming, and stressful

Since 2017, there is no fee required to bring a claim in the employment tribunal. This has resulted in a steady increase in the number of claims being brought. The Ministry of Justice* has reported that for 2019/2020 the average award for a successful discrimination claim was £24,058.80.

The Tribunal process can be daunting, time-consuming and it is easy to panic when faced with a claim. As a fixed-fee law firm, we will discuss and evaluate your claim and will advise you on our fixed fees from the outset for both pre-litigation and litigation work, which may be required.

We understand how challenging the process can be and will provide you with the support to ease the employment dispute and tribunal claim. Contact us today.

For employees seeking representation at the employment tribunal,  learn more on what we can do to help you on our employment tribunal representation for employees page.

Contact our London Employment Tribunal Claim Lawyers

Davenport Solicitors is a specialist employment and immigration law firm based in London. We help businesses of all sizes on all aspects of employment law and business immigration.

To speak to one of our expert employment tribunal claim lawyers, call on 020 7903 6888 or request a call back at a time convenient for you. You can also e-mail us at contact@davenportsolicitors.com.  We aim to reply within 24 hours.

*Link for reference: https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-april-to-june-2020

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