Sean Carty discusses the challenges presented to employers in connection with employment tribunals.
Attending Employment Tribunals can be a daunting experience even for employment law specialists. Often an injudicious word, uttered innocently and with the best of intentions, can make the difference between the defence of a claim succeeding or failing. Effective legal representation is v vital for all businesses, however large or small.
In essence Employment Tribunals deal with legal disputes in the workplace. They are like informal courts normally with three members, including a legally qualified judge. The other two members are people who have experience dealing with employment disputes from the point of view of employers or employees.
Any employee wishing to make a tribunal claim with the employment tribunal must do so within three months of the date of termination of employment or of the last act of discrimination.
Tribunals have the jurisdiction to award an employee a minimum basic award calculated in much the same way as redundancy payments, a compensatory award to compensate for loss of earnings and they can also order an employee to be re-instated or re-engaged into employment. Discrimination claims if successful have no ceiling and compensation is uncapped.
Instructing us to represent your business in employment tribunals will ensure that you are well prepared, fully understand the procedure and rules and receive advice with a view to bringing a dispute to the most successful conclusion at the earliest opportunity or resisting the claim in full, according to the merits.
Although tribunal representation is not covered under our standard subscription options we can offer competitively priced insurance to cover not only the legal costs of representation but also compensation, up to a defined limit (normally £50,000 per claim, £500,000 per annum).
In the event that a dispute cannot be resolved in the workplace and a claim is made by an employee at the employment tribunal we can provide you with expert legal advice with regard from an initial letter to a final hearing to achieve the best possible outcome for you and your business. If you have a problem with an employee that may lead to action in the employment tribunal we are here to help. Call us on 08000 832 832 for assistance.
Read more about employment tribunals here.