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If you are facing an employment tribunal claim by an employee or worker, you will likely require sound legal advice and representation. A claim against your business is likely to be both disruptive and time-consuming. An employment law expert will be able to advise you on the merits and potential quantum of any claim and robustly defend it on your behalf, if required and settlement cannot be reached.
Looking for more information about defending employment tribunal claims? Please take a look at our defending employment tribunal claims FAQs.
To discuss how our employment lawyers can help you with defending an employment tribunal claim, please contact us on 01689 887840 or fill in our enquiry form.
Our employment tribunal solicitors can assist with…
We offer a full range of employment law services for employers, including the following services in relation to defending tribunal claims:
- Advice on your legal position in relation to an employment claim
- Settlement Agreements
- Assistance with the Advisory, Conciliation and Arbitration Service (ACAS) Early Conciliation, COT3 forms and letters before action
- Employment tribunal representation – dealing with all aspects of defending a claim
- Employment Appeal Tribunal (EAT) filing an appeal against a tribunal decision or defending an appeal in the EAT
Our expertise with defending employment tribunal claims
Our Employment Law Team represent businesses across a wide range of sectors and industries, providing sound, pragmatic advice and guidance. Based in Orpington, we work with employers in London and across the South East to provide bespoke legal advice, assistance and sound commercial thinking.
We can act on your behalf to try to resolve a dispute quickly before positions become entrenched. We will provide advice in respect of your legal position and prepare a robust case setting out your defence. Where a hearing goes ahead, we will ensure you have excellent representation at the employment tribunal or Employment Appeal Tribunal.
We are ranked for Employment Law by leading legal directories Chambers & Partners and the Legal 500. Additionally, members of our Employment law team have had their expertise independently recognised in the following ways:
- Membership of the Employment Lawyers Association (ELA)
- Laura Claridge is ranked as an Associate to Watch in leading legal directory, Chambers & Partners
Our legal fees for defending tribunal claims
We always aim to provide you with transparency in relation to our legal costs and fees. We understand the importance for clients of being able to plan and understand what legal costs will be incurred from the start to the conclusion of a matter.
Our fees for defending employment claims are competitive and benchmarked against firms with comparative expertise in employment law. We will give you an estimate of the likely costs at the start of the case and keep you updated throughout the duration of the matter.
Find out more about our fees here.
Defending employment tribunal claims FAQs
How do I defend an employment claim?
Employees or workers will need to follow the ACAS early conciliation process prior to starting a claim in the Employment Tribunal. This provides both parties with the opportunity to carry out early conciliation and therefore negotiate a possible settlement before the issue goes any further. Our employment team can assist with this and deal with ACAS on your behalf.
ACAS will provide you with information about the case and let you know what claims and the remedy (compensation) that is being sought by your employee.
If settlement cannot be reached during early conciliation and a claim is issued, it is vital that you respond to the notification of the claim from the employment tribunal within the required time limit as notified to you by the tribunal.
It is recommended that you seek early legal advice to ensure that you do not inadvertently damage your defence or miss any deadlines.
It is important to make and keep records relating to the claim by gathering all relevant documentary and other evidence.
How do I settle an employment claim?
Before starting settlement negotiations, you need to have a good understanding of the strengths and weaknesses of your case as well as the costs involved in defending any claim at an employment tribunal. This will give you an idea of whether you should try to settle and, if so, how much you are prepared to initially offer.
If you ask us to represent you, we will negotiate robustly on your behalf. We will set out your case and work to find an acceptable solution.
Do I need legal representation for an employment tribunal?
While it is open to you to represent yourself, it is highly recommended that you have expert legal representation for employment claims. Losing a tribunal case can be expensive and potentially damaging to business reputation as cases can be reported in the press and judgments are now available to members of the public online.
Having an Employment Lawyer on your side means that you will receive sound legal advice and be sure that you are following the correct procedure in defending any claim.
What happens at an employment tribunal?
At an employment tribunal, both parties will present their arguments and supporting evidence. The panel will ask each party and their representatives questions in relation to the claim and the evidence presented. Each party will also have an opportunity to cross-examine their opponent’s witnesses.
The employment tribunal will thereafter deliberate, and once a decision has been made, inform the parties of its decision or, if the matter is complex, adjourn their decision until a later date. If the Claimant is subsequently successful, a remedy hearing will be arranged, so that the level of compensation to be awarded can be decided.
How do I defend a claim at the employment tribunal?
Before a Claimant is able to issue proceedings with an employment tribunal, as explained above, you will be contacted by ACAS who will advise you of the potential claim. ACAS will encourage both parties to work together in an amicable way to resolve the issue outside of the tribunal through what is called early conciliation. Should conciliation not be successful or if any party objects to participating, the claim can then be issued in the employment tribunal.
When a Claimant issues an employment tribunal claim following early conciliation, a copy of the claim and grounds of complaint will be sent to the Respondent. Should they wish to defend the claim, an ET3 form will need to be submitted to the tribunal by the deadline set out on the notice of claim setting out their response and particulars of defence.
As an employer, your solicitor can help with preparations for any preliminary or final hearings, preparing the defence/ET3 form, drafting any witness statements and advising in relation to other supplementary evidence such as your disclosure obligations. At the hearing, your appointed representative (or if the matter is complex, an instructed barrister) will act on your behalf, including presenting your arguments and other relevant information and documentation.
If you need assistance with defending an employment tribunal claim, please contact our experienced solicitors who can advise on employment tribunal strategy and represent you.
How long does defending an employment tribunal take?
How long an employment tribunal claim takes will depend on the circumstances and the complexity of the matter. However, typical employment tribunal claims can take approximately 12 months before a final hearing is arranged. More challenging employment tribunal claims, where a preliminary and final hearing is required, will take longer especially due to the backlog caused by the Covid-19 Pandemic.
Who pays legal costs for an employment tribunal?
Each party generally pays their own legal costs at an employment tribunal; however, it is open to the tribunal to award costs, meaning that one party might have to pay not only their own costs, but the other side’s costs too. It should, however, be noted that costs are awarded as an exception in the tribunal in limited circumstances and both parties should be prepared to pay their own legal costs regardless of the outcome of the case.
What can I do if an employee wins their employment claim?
If an employee wins a claim against you, you may be able to appeal the decision in the Employment Appeal Tribunal. However, it is only possible to appeal in limited circumstances.
If you believe that you have a tribunal ruling against you that could be appealed, we can advise you of the correct legal grounds and prepare the case for appeal on your behalf.
Contact our employment tribunal specialist lawyers in Orpington
To discuss how our employment lawyers can assist with defending an employment tribunal claim, please contact us on 01689 887840 or fill in our enquiry form.