Affordable • Accessible • Approachable • Able

Call us today on tel 08458 678 978

Skip to navigation
Skip to contact form

4 Key tips to help minimise the risks in Employment Tribunal proceedings

Jon FriendIn recent months, our employment solicitors have noticed a significant rise in Tribunal claims, for complaints such as unfair dismissal, bullying and unfair redundancy procedures. 

This increasing upward trend in litigation means that it is now more important than ever for HR managers to know what to do if faced with a Tribunal claim.

Below, Jon Friend, a senior employment solicitor at ACUMEN BUSINESS LAW, suggests 4 key tips to minimise the risks for businesses.

1. Grievances are no longer required.

Employees no longer have to send their employer a written grievance before starting Tribunal proceedings. So the first that you become aware of a complaint could be when a copy of the claim (ET1) is received from the Tribunal. If this happens, you must lodge the response (ET3) with the Tribunal within 28 days of the date that the claim was sent (the date shown on the email or letter enclosing the claim, not when it was received).

Tip: Time limits are strict. Respond to any claims within the time allowed to avoid a a judgment against the company.

2. Disclose everything relevant

Documentary evidence is pivotal to the success or failure of any defence. The Tribunal will ask you to go through a process of Disclosure at an early stage. You should ensure that a thorough search has been carried out for any relevant documents to avoid the risk of being penalised if it is later found that this duty was not taken seriously.

Tip: Disclose all documents that are relevant to the claim, even if they do not help your case.

3. Use written witness statements

Written witness statements are crucial to defending an employment tribunal claim. These are your opportunity to show the Tribunal what the company’s intentions really were, regardless of the procedures and formalities. Whilst Tribunals generally require that witness statements are exchanged before any hearing, these are a great chance to allow witnesses to consider what they will say on the day, and to plan in advance, so that they can be referred to at the hearing.

Tip: Written witness statements tend to reduce the pressure on witnesses, increasing their ability to assist with the company’s case.

4. Find out how is the employee funding their claim

Where trade unions or insurers are funding a claim, there is an increased likelihood of the claim progressing all the way to hearing. Therefore, it is crucial to objectively consider, as early as possible, whether the employee’s claim has no real prospects of success. If so, you should consider whether to bring pressure for the employee to pay the company’s costs where the claim could have been settled without a hearing.

Tip: Consider whether it is appropriate to send a costs warning letter.

For a free consultation on the above or any employment matter, please contact Jon Friend, one of ACUMEN BUSINESS LAW’s Senior Employment Solicitors, on 08458 678 978 or email office@acumenbusinesslaw.co.uk

Leave a Reply