 Does the thought of an employment tribunal claim landing on your desk throw you into despair or are you currently losing sleep over a process you are following which may well lead to one? This email update takes a look at spotting a tribunal claim in the making and dealing with an employment tribunal claim (ET1 form) if the inevitable comes your way.
With the current economic climate leading to a rise in redundancies and with a number of high profile cases over the last year making retirement, holiday and discrimination issues prominent in people’s already disgruntled minds, it is no wonder that we have seen a steady influx of ET1s here at Jaluch over recent months.
The casualties we see range from those employers who ‘just wanted rid’ and were willing to face the consequences later, to those who genuinely thought they were acting with the best interests of the employee at heart by by-passing the process to ‘smooth’ the employee’s exit from the business (particularly on the retirement and redundancy front). We also see many who are destined to meet this fate from day one as some employees make no secret of where they are heading with their grievances! The good news is that there are usually a few tell tale signs to look out for along the way:
The submission of grievance after grievance or more rarely a discrimination questionnaire – which employees will often use to test the water for making a discrimination claim – are often the precursors to a tribunal claim. The advantage of such forewarning is it gives you the opportunity to try and rectify the issue before it goes further or, if this is not looking possible, to contact us to discuss drafting a compromise agreement to prevent a claim altogether. When dealing with discrimination questionnaires it is particularly important to ensure the response ties up directly with any possible future response to a claim (whether or not a tribunal claim can already be seen on the horizon).
Irrespective of how outraged you may feel about a particular employee or how ‘considerate’ you think you are being towards them, a clear paper trail and process is key to defending your case if it comes to it – so don’t forget to get writing!
Furthermore, don’t get tripped up into thinking you are home and dry when the employee does not appeal a dismissal decision – being out of work for several weeks with time on their hands and no money coming in makes a tribunal claim more and more inviting especially when it is free to make one!
So, if an ET1 does come your way, the answer is not to bury your head in the sand hoping it will go away as failing to respond in time is tantamount to admitting guilt! Given that no claim is ever the same, you may feel a little unsure of how best to state your case, however help is at hand a we have a wealth of experience with regards to what to write, how to write it, what to look for and when it may be best to settle and for how much as well as liaising with ACAS. For around half the price of an average solicitor, we can be involved as little or as much in the process as suits you and we also have an associate solicitor working closely with us to take over on the day.
See our Top Tips section for pointers on dealing with an ET1 or why not give us a call on 01425 479888, 0207 152 4090 or 01189 349 845 if you are currently faced with one or wanting to avoid one!
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