Employment Tribunal Claims – what we do: case management, negotiations and financial settlement

Whether you are an employer or an employee we understand how stressful it can be when an issue arises in the workplace. We always try and resolve the case through mediation before litigation is needed. 

For employers – the chances of a claim being brought in the Employment Tribunal are now higher than was previously the case. This means employment law practices have to be kept under review to help minimise the risk.  It is often cheaper and less risky to offer a settlement agreement to stop the case going to the Employment Tribunal.

For employees –  if we think that it is necessary to proceed to litigation our employment law specialists will help you build the strongest case possible. To make a claim you have to submit a claim form to the Employment Tribunal and there are time limits. If the claim is not well presented and clear, it can be struck out.

Sometimes an Employment Tribunal claim is unavoidable

Sometimes an Employment Tribunal claim is unavoidable or has to be started in order to get the best outcome possible. The best chances of success follow for those who are prepared and use an experienced employment solicitor.  We can help with presenting or defending a claim as though you are prepared to go “all the way” to the Employment Tribunal (even if your strategy is to ultimately settle).

This does require doing the preparatory work – Firstly, we set out your claims or your defence in order to ensure that your position is clear. We then follow Tribunal Orders by attending a Preliminary Hearing Case Management” discussion (PHCM) where a Judge is likely to provide Orders for:-

1. Fixing dates for the claim to be heard by the tribunal at a Final Hearing. The number of days set aside for the hearing will depend on the complexity of the claim and the number of witnesses that each side intends to call.

2. Drafting and serving a schedule of loss setting out details of the financial compensation claimed together with details and copies of documents relating to your attempts to "mitigate" or reduce that loss, for example, by looking for a new job.

3. Preparing and exchanging a list and copies of all documents that are relevant to the issues in the proceedings.

4. Preparation of an indexed and paginated documents bundle. Tribunals tend to make employers responsible for the preparation of several copies of the bundle for use at the tribunal hearing.

5. Any expert reports to be obtained and exchanged.

6. Preparation and exchange of witness statements ready for the final hearing.

Every case is different and to play a good tactical game you will need to play up and play down aspects.  No case is ever perfect but incurring costs for the above initial work creates better chances to reach a settlement and avoid a final hearing; therefore, preparation is key which we can help with.

Good preparation - Why do I need an experienced employment solicitor?

Employment law is ever-changing and very complex. You will need an experienced employment lawyer who knows the ins and outs of employment law to advise you, lots of experience of handling employment tribunals and, if necessary, employment appeals.

At Lawson-West our employment team has the experience and success with heavy-weight claims that were complex and challenging. For example, defending a discrimination case can be based on gender, disability, race, age, sex and other protected characteristics. Each one of these protected characteristics has a whole law pertaining to it and complex legislation which applies. If you add-in harassment or bullying and find yourself with a case with multiple elements, say, a sexual discrimination case including harassment or victimisation, then your solicitor will have expertise in similar claims with multiple elements.

Management and collation of the evidence is therefore crucial. You need witness statements from those most able to influence the outcome you seek by providing evidence which is on point and constructive. We therefore carry out a critical assessment of your evidence and our advance planning will enable you to stay on track, pre-empt future negotiation and manoeuvres needed to go to the next stage in negotiations, especially when talks get difficult or you’re not getting the response you think you’re entitled to.

Lawson-West Solicitors handle both case management, negotiations and financial settlement

It is critical that you have appointed a solicitor who is tough and will defend your position.

Tough might mean not backing down when a low financial remedy is offered (a financial offer to settle). Tough might mean not accepting the first, second or third offer, and to persevere for more.

This is down to the solicitor’s ability to assess the extent to which your claim has merit.  If you have a good claim, and the opposition has a poorer one, much can be done at the negotiation table to bring about a mutually acceptable offer. It is important not to sell your case short and accept the first offer that’s presented, especially if you have a good case. 

The role of our employment solicitors here, is to use our judgment and experience in assessing the merits of the case and how far to push the outcome to a positive conclusion. Some clients who come to us do not realise they have a really good case or a strong defence; other clients do not want to listen to how poor their case or defence really is.  The choice of employment solicitor here is vital to get it right so that the correct level of settlement is achieved and your expectations are protected.

Our employment team is able to provide the appropriate advice and guidance in relation to Employment Tribunals. They offer no-obligation initial appointments and can meet you at any of our office locations in Leicester or Market Harborough.  You can call the team directly via 0116 212 1000, alternatively complete our online contact form and we will get in touch with you.

View all