Employment Tribunal Claims

We specialise in representing employee clients in the employment tribunals.

We are able to deal with all types of tribunal claims, including:

• unfair dismissal cases
• disability discrimination
• age discrimination
• sex discrimination
• race discrimination
• sexual orientation discrimination
• religious belief discrimination
• all forms of harassment claims
• wrongful deductions from pay
• breach of contract claims
• equal pay claims

Our systematic approach

We adopt a systematic approach designed to assess the merits of your case from the outset and to discuss with you case options, tactics and risks so that an agreed case plan can be followed and kept under review as your case unfolds.

A key objective is to present your claim in the best and strongest way to encourage the respondent (your employer) to reach the most favourable terms of settlement as quickly as possible.

We also know that a case can be won or lost by the quality of the case preparation. This is why we conduct our tribunal litigation so that each case is especially well organised and presented.

Time limits

Observing employment tribunal time limits is essential. The most important time limit is the last date on when a claim for unfair dismissal or discrimination can be started.

For unfair dismissal claims, the basic rule is that a claim must be received by the tribunal on or before three months less one day from the Effective Date of Termination ('EDT'). The EDT is normally your last day at work.

So if you were dismissed on 5 June 2009, your claim for unfair dismissal must be received at the right employment tribunal office by 11.59 pm 4 September 2009.

If you were dismissed on 30 June 2009, your claim for unfair dismissal must be received by 29 September 2009.

In the vast majority of cases it is not possible to apply to the tribunal to extend the three month time limit. For this reason, if you think you have a valid claim for unfair dismissal please contact us as soon as possible for advice.

For discrimination claims, the basic rule is that a claim must be made within three months of the discriminatory act complained of. For example, if a female employee believes she was not promoted because of her sex, any claim for sex discrimination must be made within three months of the employee being informed she had not been successful. So if this was by letter dated 7 July 2009 any claim must be submitted to the tribunal by 7 October 2009, even if she remains in employment.

Employment tribunal steps

Conducting an employment tribunal claim can involve a whole series of steps from initial assessment of the merits of a claim right through to a full hearing. Each case is different. Some cases are more involved or complex than others. We ensure that at the appropriate time, during the litigation process, we take all necessary steps to proactively progress your claim.

A typical tribunal case involves some or all of the following steps:

• Initial assessment of the back ground facts, documentation and issues
• Preparation of a schedule of loss
• Advice on merits, options and case tactics
• Drafting of Claim Form (ET1). There is a special form which must be used and the details of the claim and supporting information must be correctly pleaded.
• Approval of Claim Form by client
• Submission of Claim Form to Employment Tribunal
• Receipt of Respondent's (employer's) Response Form (ET3). This is the employer's admission or defence.
• Review of Respondent's defence
• Updated advice on merits, options, case tactics and draft schedule of loss
• Disclosure of case documents between the parties
• Inspection of disclosed documents
• Attendance at a Tribunal Case Management Discussion / Pre-hearing Review hearing
• Settlement negotiations - these can take place at any stage or throughout the litigation process.
• Submission of a request for further information from the respondent
• Preparation of the trial bundle and index
• Preparation of draft witness statements
• Case correspondence between us and the respondent or its representative
• Final case preparation for full hearing (may involve instructing a barrister to advise and represent)
• Application for witness orders
• Full-hearing and decision.

High Court and County Court proceedings

In addition to tribunal claims, we have considerable experience in acting for employees who are being sued in the High Court or County Court by their former employer. Often such cases are concerned with the enforcement of restrictive covenants or the recovery and protection of confidential information.

Other cases involve breach of contract claims including disputes about unpaid bonuses or expenses.

Employment Appeal Tribunal

We conduct appeals to the Employment Appeal Tribunal on behalf of employee clients.