If you receive an Employment Tribunal claim from a former employee, we can provide you with advice and representation to ensure you achieve the best possible outcome taking into account both legal and commercial considerations.
Some types of claim can result in significant awards of compensation, which have the potential to jeopardise the future of your business. Advice and support from a professional with expertise in dealing with Tribunal claims can drastically reduce the potential damages you are required to pay.
At Else Solicitors, our employment law specialists can advise you on how best to deal with claims and deal with the process on your behalf from start to finish. Our team has experience in dealing with claims from straightforward claims in the Employment Tribunal through to appeals in the Employment Appeal Tribunal and Court of Appeal.
Through our experience of tribunals we can advise you about the risks and likely outcome of a Tribunal, including the potential compensation payout and a tactical consideration of how best to defend the claim.
Unfair Dismissal
Most unfair or constructive dismissal claims fall into one of three categories: an employee saying they were dismissed for an unfair reason; an employee saying that the correct procedure was not followed; or an employee saying they were dismissed for a reason which is automatically unfair under UK employment law – such as requests for maternity leave, a dismissal connected with trade union issues or a reason connected with an employee exercising their statutory rights.
We can provide prompt legal advice and representation if you face an accusation of unfair or constructive dismissal to act fast to limit the disruption to your business and any damages as far as possible.
Discrimination
Workplace discrimination can be either:
- Direct – am employee being treated less favourably than others on the grounds of race, age, gender, sexual orientation, disability, maternity or pregnancy.
- Indirect – Where a specific set of circumstances, introduced by the employer, has an adverse effect on one group compared to others.
- Harassment – Defined as unwanted conduct that violates a person’s dignity or creates an atmosphere that is hostile, intimidating, humiliating, degrading or offensive.
Claims can be brought against the company and against the individual accused of undertaking the discriminatory conduct.
If a discrimination case is proved, there can be no ceiling to the potential compensation a Judge can award. Robust anti-discrimination policies, followed consistently, are the best prevention measure available. Else Solicitors can advise you on how to proactively prevent discrimination claims and represent you in any proceedings brought against you or your company.
Unlawful Deductions from Wages and Equal Pay Claims
Pay disputes can result if an employer tries to make a deduction from an employee’s salary, which is not accepted, but also if there is alleged inequality of pay between comparable jobs.
We can help by providing businesses with advice on their contractual and statutory rights concerning how they pay employees, We can advise specifically on claims regarding alleged unlawful deductions of wages and any issues regarding equal pay.
ACAS Conciliation
Conciliation is an impartial and confidential method of dispute resolution that can sometimes be used to reach a solution without resorting to an employment tribunal (are we capitalising or not, needs to be consistent whichever you go for, both appear). It is usually done officially through ACAS (Advisory, Conciliation and Arbitration Service). Both parties have to agree to try conciliation and they have the option of being legally represented.
If the option of ACAS conciliation is raised in any dispute, it is advisable to seek legal advice from an employment solicitor before agreeing to go ahead. At Else Solicitors we can look at the specifics of your case and give you an honest appraisal of your options, and the likely value of the employee’s claim should they be successful, to allow you to make an informed decision regarding any settlement offers.
If you would like legal advice from our specialist employment tribunal solicitors please call 01283 526200, alternatively you can send us a message and we will get in touch at a time that suits you.
