Representation for business in Employment Tribunals

An employment tribunal can be a costly, time-consuming and stressful process for both employee and employer, and in many cases both parties would find it preferable to avoid this process through alternative dispute resolution (ADR) methods. However, there are situations in which ADR fails, and in these cases a business is well advised to ensure it has strong legal representation at the hearing.

Although the employment tribunal system is designed to be less formal than some other courts, it still carries full legal force and should therefore not be taken lightly. Once a claimant's ET1 form is received, a business is placed into the position of respondent and must prepare documentation and witnesses for the hearing. A counter-claim for breach of contract may also be considered.

The input of an employment lawyer at this stage is valuable, as s/he will be able to establish which of the claimant's requests for documentation may be rejected, which witnesses should be pursued, and whether the ex-employee's terms of employment were breached.

The presence of a legal professional is also beneficial as the case itself is being heard, as familiarity with frequently-changing UK employment law, witness examination and the customary working methods of the tribunal will ensure that the business' case is presented clearly within the appropriate legal framework. It may also be possible for a lawyer to show that a costs award should be made against an ex-employee who has pursued a claim unreasonably.

Where a claimant's case is upheld, an employment lawyer may be able to minimise the level of damages, or to recognise the point of law on which an appeal could be made. In cases where a claimant victory becomes foreseeable, the negotiation of a settlement is also a task that that lawyer will undertake.

Legal advice and representation in employment tribunals from JMW Solicitors

JMW Solicitors' Employment Law department includes specialists in tribunal representation, including partner and head of department Lindsey Bell. In circumstances where a firm faces a claim, the business-centred services and experience available through JMW can lead a respondent's defence to its best conclusion with great efficiency.

To discuss your business' requirements regarding employment tribunal representation and advice, please contact us on 0845 872 6666 complete our enquiry form - we will respond promptly.