If not handled properly, an employee’s problems at work can escalate. And sitting in a courtroom facing an employment tribunal is the last place any business wants to be.
Without the right policies, practices and procedures in place, it’s an unwelcome situation you can find yourself in. That’s where Citation comes in. We’ll take you through everything you need to know about employment tribunal rules and regulations as well as offering you a first-class support service.
When it comes to avoiding any kind of claim being brought against you by an employee, prevention is better than cure.
When you partner with Citation, our team becomes your team. You’ll be supported by our HR and Employment Law experts who are at the end of the phone 24/7.
Whether you need help drafting contracts, putting together a handbook or you’ve got a tricky situation you need help with, they’re available for you at any time of day or night.
If you’ve been through the disciplinary and grievance process with an employee, but want to avoid court, some people choose to use the Acas early conciliation service.
This allows both parties to talk through their issues, with a professional there hearing their claims, which can increase the chances of successfully reaching a resolution out of court.
It’s worth noting that there are short and very strict time limits for when an employee can lodge a tribunal claim. Usually, this is within three months of being dismissed, but applying for the early conciliation certificate can affect this.
Our objective is to make sure you don’t end up in court. The reality though is that sometimes that can’t be avoided. An employee brings a claim against you and you find yourself facing a judge.
Claims can range from unfair dismissal, discrimination or disputed redundancy pay. Whatever it is that you’re facing, we have experts on hand to help you navigate every stage of the process and to stop the situation from overwhelming you.
When it comes to the kind of pay-out that's typical for those who successfully bring a claim against their employers, it all depends on the nature of the case. The Ministry of Justice released their 2017/18 breakdown of awards made by tribunals for unfair dismissals and discrimination claims. The results are pretty eyewatering for any employer. The maximum and average awards for that period were:
The financial impact of tribunals doesn’t end with awards won by claimants. If an employment tribunal hearing finds an employer to have breached an employee’s rights where there are ‘one or more aggravating features’ they can enforce more financial penalties on the employer.
If you’re charged with a penalty, the minimum you’ll face is £100 and the maximum is £5,000.
The sum will be 50% of the compensation awarded to the employee, and you’ll have the option of a 50% discount providing you pay the penalty within 21 days of the tribunal’s decision.
Decisions at an employment tribunal are normally made unanimously, but they can sometimes be by a majority.
Once the hearing has finished, the tribunal will either announce their verdict or reserve the right to issue it at a later date in writing. All written judgements are published on the government Employment Tribunals website.
If you disagree with a tribunal’s decision you may be able to lodge an appeal to the Employment Appeal Tribunal (EAT) – an independent tribunal for cases in England, Wales and Scotland.
Grounds for appeal include:
When making decisions on appealed cases, the EAT must follow the rules and processes set out in the Employment Appeal Tribunal Rules 1993 and the Employment Tribunals Act 1996.
When you partner with Citation, we do everything we can to avoid you ending up in court. From contracts and handbooks to disciplinaries and grievances, we’re there over the phone 24/7. We can even be there in the room with you to advise and give you face-to-face advice.
We’re confident that our team of experts can provide you with the perfect advice for your business individual needs. We’re that confident that we’ve guaranteed it.
If you’ve given us all the relevant facts of the case (before any event or action relevant to an employment tribunal application occurs) and follow our advice, we’ll defend you against employment tribunal claims and pay any awards or agreed settlements.
This applies to any incident that arises from the start date of your agreement with us. There’s a limit of £150,000 per matter or series of related matters, and an annual limit of £1.5 million.
And if you take our commercial advice option and it results in an employment tribunal claim, we’ll take you through all your options and prepare your defence – including one day of representation at a tribunal.
If you want to know more about the details of our advice guarantee and our tribunal support, you can read more here.
We know the thought of standing up in court can be incredibly daunting, and that’s where our team of highly experienced tribunal advocates come in.
From drafting and filing the response to your claim and walking you through the preliminary hearing process (if required) to disclosing relevant documents and preparing a counter schedule of loss – and everything else in between, our experts will be by your side every step of the way.
For more information on how we can help you and your business, get in touch with the team or leave your details in the form on this page.
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