Although employment tribunals are designed to be more informal than regular court proceedings, they still carry full legal force and should be taken just as seriously from an employer’s perspective. Once you’re aware that a claim has been filed by one of your employees, it’s important to start preparing and planning for the hearing.
A good employment lawyer can help you prepare for such an eventuality and will give you the best prospect of achieving a desirable outcome.
While you’re not required to have legal representation in an employment tribunal, it’s highly advisable to seek legal advice to ensure the best chance of a good outcome.
A good employment lawyer can provide as much assistance as needed, whether that means taking over the case entirely or providing guidance behind the scenes.
Yes, depending upon the exact nature of the claims brought, there are various Alternative Dispute Resolutions (ADR) which can be pursued. Early and good legal advice can be invaluable here to ensure that these avenues are fully explored.
The general rule is that each party is responsible for paying its own legal costs regardless of the outcome. However, there are exceptions to this, and Employment Tribunals do have the power to make costs awards if they feel that a party or their representative, has acted vexatiously, abusively, disruptively, or otherwise unreasonably in the bringing or conducting of the proceedings or a part of them. A costs award may also be made if any claim made in the proceedings by a party had no reasonable prospect of success.
A good employment lawyer will be able to advise you as to the timing and content of an appropriate ‘costs warning letter’ to the Claimant with a view to maximising your chances of a costs award at the conclusion of the case
