Defending A Claim
Employment tribunal claims are complex, and the process often proves to be lengthy and costly to your business. Unfortunately, despite best intentions, it is not always possible to avoid a claim being filed against your business by a current or former employee. When faced with an employment claim, you need reassurance that you have a legal team that is able to offer clear advice as soon as possible in the process.
Expert Advice For Employment Tribunals
If your business is notified that a current or former employee has filed a claim in the employment tribunal against you or your company, it is important to speak to an employment solicitor as soon as possible so that they can advise you on the correct procedure to take.
At Tinsdills, we have a team of experienced employment law solicitors with the knowledge and expertise to advise you and your business through each stage of defending a claim in the employment tribunal. We can also provide your business with advice on your policies and procedures to ensure that they comply with current employment law and any changes to it (including in line with any recent case law).
It is also important to consider and be open to settling a claim, whatever stage an employment claim is at, and our specialist employment solicitors can advise your business on whether a settlement may be the best option for you (and at what level).
You will usually have 28 days from date you received the claim form (ET1) to submit your response to the employment tribunal. The claim notification sent to you by the tribunal should include a copy of the claims made by the current or former employee(s) as well as the date by which you need to respond. It is of vital importance that you do not miss this deadline as you could be denied the opportunity to actively participate in the proceedings if you do. It may be possible to obtain an extension to the deadline for submitting a response to the tribunal and you should speak to one of our specialist employment solicitors as soon as possible if you think this will be necessary.
You may be able to fund the defending of an employment claim through your business insurance and such insurance will often cover the legal fees to defend the claim. Also, if you are unsuccessful in defending a claim made against your business by a current or former employee at tribunal, insurance may cover the cost of the award that the tribunal orders the employer to pay to the employee.
No, unlike in the civil or county courts, the losing party is not required to pay the winner’s costs other than in some exceptional circumstances. This means that your business will more than likely only have to pay its own legal fees irrespective of whether you are successful in defending the claim or not.
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