Representation for employers

When faced with defending proceedings issued in the Employment Tribunal it is important that employers seek expert guidance from the outset and throughout the proceedings. Particular matters to consider are:

• Does an employer have an argument that an employee does not have the right to pursue a claim in the Employment Tribunal (for example because they do not have the sufficient length of service to bring a claim)?
• Have all potential legal defences been identified and set out in the response to the claim (failure to address this issue from the outset can seriously prejudice an employer’s position).
• Has an employer adequately set out its position on compensation in the event that the employee is successful in their claim? Quite often employers can substantially reduce the amount of compensation for which they are liable if careful consideration is given to this vital aspect of any defence.
• Have all possible procedural steps in the proceedings been exploited to an employer’s advantage? For example, is an employer entitled to request further particulars and information from the employee, request specific disclosure of documents or has the employer got grounds to strike out the employee’s claim?
• Has adequate consideration been given to the commercial reality of defending proceedings having regard to the likely compensation that could be awarded to the employee and the likely costs that would be involved in defending such proceedings? In this respect it is important to understand that in most Employment Tribunal cases an employer will not be able to recover their costs even if they are successful in their defence.

Linder Myers can assist employers through all stages of the Employment Tribunal process from drafting and submitting a response, dealing with case management directions and representing an employer at any final hearing. We can also take steps to negotiate settlement of any claim through ACAS and provide you with clear advice on all options open to you through the case.