What is involved?

As an employer you will know that employees are becoming ever more aware of their rights than ever, which means not only that employers must ensure that adequate rules and procedures are in place, but also they must be able to bring or defend proceedings in the employment tribunal.

In this section we have set out what is involved in the provision of this service. You will find details of a typical range of prices charged, how long it will take and who will carry out the work on our other information pages.

The work needed to be carried out will depend upon the nature of the matter, its complexity and where in the process agreement, if any, is reached.

In most cases, the following tasks could be involved:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change);
  • Entering into pre-claim conciliation with ACAS as it is mandatory to explore whether a settlement can be reached*;
  • Preparing a claim or a response;
  • Reviewing and advising on a claim or response from other party;
  • Exploring settlement and negotiating settlement throughout the process;
  • Preparing or considering a schedule of loss;

  • Exchanging documents with the other party and agreeing a bundle of documents;
  • Taking witness statements, drafting statements and agreeing their content with witnesses;
  • Preparing bundle of documents;
  • Reviewing and advising on the other party's witness statements;
  • Agreeing a list of issues, a chronology and/or witness list; and
  • Preparation and attendance at Final Hearing, including instructing your barrister.


The stages set out above are an indication and, if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

We will be happy to provide you with more detailed information as to what is required if you wish to contact us.

If pre-claim conciliation is not successful, then you could find yourself at the Employment Tribunal. Employment law is complicated so we would advise that you do not attempt to represent yourself. Bear in mind that Employment Tribunal claims can take many months to be resolved and it is vital that you make sure that you have all of your arguments prepared.

In the event that you lose the tribunal case you may have to pay compensation and the level of this will depend on the nature of the case itself. You may also have to reinstate the employee in your business and, if so, careful procedures will need to be followed.

If you win the case, you will not be entitled to compensation and in only limited circumstances will you be able to make a claim for costs.

*Pre-claim conciliation is a stage which all cases must go through before a claim is made to the Employment Tribunal. Unless you have a certificate from ACAS confirming pre-claim conciliation you will not be able to make a claim to the Tribunal. This stage can last up to a month and, if the parties agree, can be extended for a further 2 weeks. The aim of pre-claim conciliation is to try and resolve and settle the matter without commencing Employment Tribunal proceedings. If agreement is reached then the matter is concluded; if it is not then the employee will have to make a claim to the Employment Tribunal.

ROBIN HUMPHREYS


BEATA N

LIZ WATT

I strive to achieve my clients’ goals with a frank and honest approach

Robin Humphreys