Employment Disputes and Tribunals
Lawyers for Employment Disputes and Tribunals
Businesses rely on their people.
Here at Beyond Corporate, we pride ourselves on providing clear and practical guidance to both employers and employees on all aspects of the employment relationship.
However, as with any relationship, there is potential for conflict and breakdown.
When a dispute arises between employers and employees, it can be damaging to the day-to-day running of the business, as well as to its wider reputation.
It is therefore essential to all parties involved in an employment dispute that the matter is resolved as efficiently and expeditiously as possible.
Our team understands the challenging and emotional nature of such disputes and the potential damage that can be caused.
As such, we focus on providing clear and practical advice and support to secure the best result for you, always keeping in mind commercial reality and damage limitation.
When Will You Need Advice and Support?
Gripes and grumbles at work happen every day. Most of these are resolved informally and without the need for either party to seek external support.
However, if an employee feels disgruntled about treatment at work, and is either unable or unwilling to try and reach an amicable resolution with the employer, this may result in a dispute, or ultimately, a claim in the Employment Tribunal.
Unlike in many other UK Courts, parties to an Employment Tribunal claim may represent themselves and pursue or defend claims without a legally qualified representative.
However, there are strict and complex rules and procedures involved in bringing an Employment Tribunal claim.
Our expert lawyers will support and guide you through the process and maximise your chances of success.
What is an Employment Tribunal?
Employment Tribunals deal with claims brought against employers by workers and employees relating to employment or its termination.
Employment Tribunals can also hear claims against other bodies such as trade unions and professional associations.
What Types of Claims Are Brought in the Employment Tribunal?
Employees have various rights, and claims that these rights have not been upheld are usually what brings parties to the employment tribunal.
These rights include:
- A safe and healthy workplace
- Pay (and a pay slip)
- Prevention of discriminatory treatment
- A minimum amount of paid holiday
- Taking, and being paid for, family-related leave
- Minimum periods of notice
- Protection against unfair dismissal
If an employee believes that their employment rights have been violated or breached, they may decide to bring a claim in the Employment Tribunal.
The Employment Tribunal has the power to order:
- Reinstatement of the Claimant to their old job as if they had never been away.
- This means that the Claimant can be given back their job on the same terms and conditions and with back pay and benefits (such as pension contributions) for the period since the dismissal.
- Re-engagement in a new job on similar terms and conditions to the old position.
- Depending on the conduct of the Claimant, the employer may also be ordered to pay back pay.
- A recommendation and/or a declaration as to the rights of the parties in discrimination cases.
- Financial compensation is by far the most common outcome.
- This may include a basic award (which is calculated based on a statutory formula, much like a redundancy payment), a compensatory award (which is based on the Claimant’s losses to the hearing, and sometimes future losses and distress or injury caused by discrimination), and additional awards
- Costs and expenses can also be ordered in exceptional circumstances where a party has acted unreasonably in pursuing or conducting their case.
How Is a Claim Started in the Employment Tribunal?
There is no fee to bring a claim in the Employment Tribunal, but there are strict time limits and procedural requirements.
Before issuing any claim, an employee must engage in an early conciliation (EC) process with ACAS to see if the matter can be settled and a claim avoided.
The Employer will usually be notified of the EC process – this is sometimes the first indication that an employee is considering commencing an Employment Tribunal claim.
We would always advise parties to engage as much as possible in the EC process – it is free, it is confidential, and it may just avoid a potentially expensive and difficult Employment Tribunal claim.
The EC process ‘stops the clock’ on the time limit for bringing a claim.
Once the EC process has concluded (and if the matter has not been resolved) ACAS will issue an EC certificate, without which the Employment Tribunal will not accept any claim.
The EC certificate sets out the start date of the EC process and the date of issue of the certificate.
These dates are required to calculate the time limit for bringing any claim and it is essential to get this right.
Claims submitted out of time without good reason are unlikely to be accepted. Whether you are bringing or defending a claim in the Employment Tribunal, it is key to ensure that you get advice on these dates.
What Can We Do for You?
Our expert team is here for you no matter your issue.
Dispute Resolution
Our employment team has extensive experience acting for employees and employers before, during, and after the employment relationship. If there is a dispute about employment, we have probably seen it before.
Our team has many years of experience and practice in this area and has consistently achieved optimal outcomes for our clients.
We are experts in bringing and defending actions related to employment rights and pride ourselves on our pragmatic and commercial approach, and our ability to reach agreements which benefit our clients.
Employment Tribunal
We represent individuals and employers of all sizes at the Employment Tribunal.
We advise on prospects, ensure compliance with all directions, and manage the process from end to end, all the while keeping commerciality and our client’s best interests at the heart of the case.
At Beyond Corporate, engage only the most talented barristers to represent our clients at final hearings, always matching counsel with our client’s particular needs.
We have several reported cases within the team, and we keep up to date with the ever-changing landscape of employment law to always ensure the best advice.
Litigation Support
We work closely with our litigation team on high-level employment-related disputes and specialise in shareholder disputes involving senior employees and directors and act for individuals and companies.
We have a wealth of experience in successfully pursuing and defending applications for injunctive relief in the High Court and representing employees and employers in actions to enforce post-termination restrictive covenants.
Employment Capabilities
Reach out to Our Employment Dispute and Tribunals Lawyers
Our Employment team is focused on providing tailor-made support for businesses, HR, and people teams and individuals. Our team has years of experience in employment disputes and tribunals, so no matter your issue we can help.
To speak with our team, give us a call at 0333 202 6433 or send an email to [email protected].
