Employment Tribunal Claims: Considering the options before litigation

Considering the options

Many employees and workers who have been treated unfairly or denied their contractual or statutory rights often view litigation as being the only means to securing a successful outcome. 

Equally, employers sometimes see litigation as the only avenue available to them to resolve a workplace dispute.

Whilst litigation is a valuable tool in our armoury and, whilst sometimes necessary, it is not the only option.

One of the first questions I ask a client is, “what is your desired outcome.”  Litigation is not for the faint hearted. Whilst we strive to support our client’s litigation can be stressful and demanding of your time, resources and energy, especially for those who are struggling to manage a disability or mental health issues.

Litigation is expensive. Whilst we are happy to explore various funding options litigation requires deep pockets and holds no guarantee of success.

Litigation does not provide a timely resolution to workplace issues, often taking several months, if not years to progress to a final hearing. For those who remain in an employment relationship litigation rarely offers the pragmatic and timely resolution required.

At Lawson-West we listen to what you want and ensure our services are tailored to meet your needs and desires.

Support with internal procedures

Litigation should be an option of last resort.  We can support employers and employees with internal matters.  We can provide advice and assistance with appeals or grievances with a view to resolving work disputes without recourse to litigation. We can provide advice regarding your legal rights and entitlements and ensure that your complaints are captured in a clear and robust manner and Acas guidelines complied with to ensure engagement and hopefully bring about a timely and amicable resolution to work related issues.

Settlement Agreements

Employers often take proactive steps to resolve workplace issues and to prevent future claims and issues arising. We can provide help and support to employers and employees when engaging in protected conversations and when proposing terms of settlement.

Terms of settlement are often contained in a contract, called a settlement agreement.  It is a legal requirement for an employee to receive independent legal advice regarding the terms and effect of a settlement agreement before it can be legally binding.  The costs of providing this advice to an employee is payable by the employer.  Both employers and employees are well advised to seek specialist advice regarding the terms and effect of a settlement agreement to ensure that pitfalls are avoided, that may not be evident to those who are not well-practiced employment lawyers.

Negotiated exit packages

Employees often report that they have loss trust and confidence in their employer, or fear reprisal such that they feel that their continued employment is simply untenable.  Where the employer has not engaged in settlement negotiations we can engage in ‘without prejudice’ correspondence with the employer and proactively scope settlement with a view to negotiating a settlement package that is favourable to you and will allow both parties a timely and dignified exit. A settlement package also has the benefit of allowing for terms that a tribunal cannot order, such as the provision of a reference and outplacement support and may also provide for compensatory payments that are exempt of deductions for tax and national insurance.

Litigation

As employment lawyers we recognise litigation has a crucial role to play.  It is sometimes necessary to hold a party to account, provide open justice and closure.

As my colleague, Sejal Patel reports in her article here, we at Lawson-West have extensive experience litigating in the employment tribunal and higher courts.  We provide a comprehensive service to support and guide you through the entire litigation process.

Judicial Mediation is a key component of the litigation process.  It affords the parties, subject to their agreement, an opportunity to scope settle at an early stage of litigation with the help and support of a trained mediator and with a view to resolving the dispute at an early stage before the parties become too entrenched in the evidence and legal issues. At Lawson-West we have experience advising and representing clients at Judicial Mediation to securing favourable settlements.

At Lawson-West we listen, we advise and we work with you to help you achieve your desired outcome.

Contact our expert Employment Team

0116 212 1000

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