Lincs Law

Defending Employment Tribunal Claims

Most employers fear an Employment Tribunal Claim. Often the issue is not the claim itself but the worry of escalating legal costs, the disruption to the business and the drain on management and staff time.

At Lincoln based LincsLaw Solicitors we provide you with practical, common sense advice from the outset. At our very first meeting, we will ensure that you know what needs to be done to defend the claim, your chances of success, how much the claim is worth and our estimate of legal fees. It is important to us that you have all the information and guidance you need to make informed decisions about your defence.

Employment Tribunal Claims

Some claims will be the culmination of a long running dispute with your employee and, unfortunately, come as no surprise. However, you may be unaware of potential claims from employees or previous employees until you receive a phone call from ACAS inviting you to engage in the Early Conciliation Procedure.

Before an employee can issue an Employment Tribunal claim, they must first register their complaint with ACAS. ACAS will attempt to engage both parties (employer and employee) in a conciliation process to avoid the matter progressing to an Employment Tribunal claim. If that conciliation is successful, the matter is brought to an end at that stage. If either party does not wish to enter into conciliation or negotiations fail, the employee will receive a number which they must include in their claim form to the Employment Tribunal.

As an employer, whether you choose to engage with the Early Conciliation Procedure is entirely up to you. At the very least, the process does give you an early warning that an Employment Tribunal claim form could be on the way and some basic information regarding the basis of the claim. It is never too early to begin gathering your information and making sure you have all your documents will stand you in good stead in the event of an Employment Tribunal claim.

When you do receive the claim form, you need to consider how to respond. You will need to impartially (not always easy) assess the merits of the claim. You may be able to apply for the claim be struck out if it has been submitted out of time, is very weak or for some other reason is invalid. If there is a case for you to answer, you will need to consider your approach and, in any event, submit your defence (Response) to the Employment Tribunal within the time limit prescribed.

At Lincoln based LincsLaw Solicitors we want to ensure you have all the information you need from our very first meeting. We will discuss with you:-

  • what needs to be done to defend the claim,
  • your chances of successfully defending the claim,
  • how much the claim is worth and the risk to your business; and,
  • our estimate of legal fees including funding options.

We then confirm our advice to you in writing so you can make an informed decision as to how to proceed. If you do instruct us to represent you, our specialist Employment Lawyers will advise, guide and be with you all the way to the Employment Tribunal hearing.

How can we help?

We understand that receiving an Employment Tribunal claim from an employee can be daunting and time consuming. At Lincoln based LincsLaw Solicitors our lawyers are Employment Law specialists and can advise you every step of the way. Contact us for a free, no obligation discussion regarding your employment issue.

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