Over 109,000 employment tribunal claims were made in the UK in 2021/22. This shows why understanding employment tribunals is crucial for employers. Dealing with an employment tribunal can be stressful for them.
Sometimes, employers have to face Employment Tribunals. This, especially if internal processes haven’t solved the issue. If the complaint is serious, like discrimination, it may go to tribunal. Employers have only 28 days to respond to a claim. It’s vital to get legal help right away. These processes can be long, expensive, and hard to handle.
Employees must tell Acas and try to reach an agreement before a tribunal claim. Acas helps employers and employees talk through their issues. This period usually lasts four weeks but can be six if needed. It might change the deadline to start a tribunal claim. Employees need an Acas ‘early conciliation certificate’ to go to tribunal.
Key Takeaways
- Employment tribunals are a big challenge for employers, seen in the 109,000 claims in 2021/22.
- Employers must respond within 28 days of a claim, so getting legal advice right away is essential.
- Employees should try to resolve things with Acas before going to a tribunal.
- The time for discussion with Acas is usually four weeks but could be more if progress is being made.
- For employers, facing a tribunal can be long, costly, and stressful.
Understanding Employment Tribunals for Employers
As an employer, it’s vital to know about employment tribunals. They are there to solve work-related arguments fairly. Knowing about employment tribunals helps you protect your company’s rights.
What is an Employment Tribunal?
It’s a legal body that decides on work issues. These can include unfair dismissal, discrimination, pay issues, and more. But, it can’t handle every type of work problem.
Common Claims Brought to Employment Tribunals
Employers might face claims like unfair dismissal or discrimination based on race, gender, age, or disability. So, having good rules to handle complaints is key. It helps reduce the chance of facing these claims.
The Employment Tribunal Process for Employers
The tribunal process has both the employer and employee sharing their side. This includes showing proof and questioning witnesses. The judge might ask both sides questions too.
The decision might come by post after the hearing. Or, the judge might decide on the spot. But remember, even though it feels less formal, the tribunal’s decisions are legal.
It’s key to be ready to defend your company well. This means being ready for cases like unfair dismissal or discrimination.
The Employment Appeal Tribunal looks at appeals from the Employment Tribunal. But, you can only appeal in special cases, like if there was a legal mistake.
Defending Against Employment Tribunal Claims
Our team specialises in Employment Law and will guide you through the tribunal process. We’ll prepare you for all that’s to come and strongly support your case. With vast experience in creating employment policies for various settings, we know how to reduce your risk.
Preparing Your Defence
We know how to represent employers in tribunals. We offer training to make your employees more at ease. This training helps them know what to expect at the tribunal. Getting legal advice early can often prevent problems from getting worse.
Gathering Evidence and Witness Statements
Thorntons’ Employment Law team offers proactive advice for tribunal issues. We can help with defending claims like unfair dismissal and handling discrimination or disciplinary issues. Our legal support and guidance will prepare you to defend your case.
Employment tribunal service for employers
Our team helps you achieve the best outcome. We use all methods to protect your case. If needed, we negotiate to end the case well for you. We always offer top advice and act in your best interests.
Engaging Experienced Legal Representation
We can fully handle your tribunal defence. Or we can just help behind the scenes if you prefer to be more involved. The employment tribunal may seem less strict. However, it is legally serious, so having support is crucial.
Witness Familiarisation and Preparation
When you receive an ET1 Form from a claimant, you become the ‘Respondent’. Start preparing your defence without delay. This involves getting your documents and witnesses ready. You might also need to think about a counter-claim for breach of contract.
Handling Grievances and Disciplinary Issues
Managing grievances and disciplinary issues is key in today’s job world. Having strong rules helps companies deal with tough problems. This way, they follow the law, are fair, and avoid court cases.
Implementing Robust Policies and Procedures
Good rules for handling complaints and discipline are vital. They need to lay out what happens, who has rights, and what can result. Updating these rules keeps them useful and in line with new laws.
Teaching everyone how to use these rules correctly makes a company better at solving problems. It helps everyone know how things work.
Navigating Discrimination Allegations
Dealing with claims of discrimination needs care and understanding. Places of work should not tolerate discrimination. They should make sure their rules and the work environment are against it.
Getting advice from lawyers can make sure the right steps are taken in these serious cases.
Settlement Agreements and Alternative Dispute Resolution
Settlement agreements and other methods can solve disputes faster and cheaper than going to court. They offer a way for both sides in an argument to find a fair agreement. This helps everyone avoid the stress and costs of a long legal battle.
Exploring Settlement Options
Settlement agreements let both employers and employees keep things out of court. Employees often agree not to sue their employer in return for a set sum of money. This can sort things out quickly and keep the working relationship good without the risks of a trial.
Mediation and Conciliation Services
Using mediation and conciliation services can be very helpful. Acas, for example, offers free help to both sides in a dispute. It aims to find a deal that both can accept. Other options, like mediation, also help people talk things out and find common ground.
If you need help with an employment claim, get in touch with Gorvins. Our specialist team is here to support you. We can help your business have the best chance of a good outcome.
Costs and Legal Expenses for Employment Tribunals
Employment tribunals’ costs can worry businesses a lot. Even though the system tries to be easy to access, legal expenses can be high. Employers often have to pay for lawyers, preparing witnesses, and getting documents. These costs can grow fast.
There are ways to lower these expenses, though. Many businesses get help from expert employment lawyers. They offer advice and can represent them, cutting down on costs. Some companies also buy legal insurance. This insurance helps pay the costs of fighting claims in tribunals.
Businesses wanting to know more about how to manage tribunal costs can get help from Croner. It’s a good idea to talk to a Croner legal expert. You can call them on 01455 858 132 for free, useful advice. This advice can help businesses be ready and defend themselves well.