Employees can bring claims before an employment tribunal for many reasons, including issues relating to pay, discrimination, and dismissal. For an employer, it can be a very serious concern.
In order to be successful in managing a claim that is brought, it is essential to know how to respond. To find out more, Tom Martin from Wilkin Chapman Solicitors has put together a quick guide on what to bear in mind when faced with a claim.
1. Get legal representation
When an employment problem arises, swift and practical legal advice is not a luxury, but a necessity. Having an experienced employment solicitor* on hand to help with your defence and to help navigate the tribunal process is essential for the success of your case.
2. Work with Acas
The employee must first go to the Advisory, Conciliation, and Arbitration Service (Acas) which has an ongoing duty throughout the claim process to help settle the claim where the parties agree to conciliate. Working with Acas in certain cases can find an agreeable outcome for both parties and avoid much greater costs.
3. Check the employee has made a claim in time
In most cases, an employee has three months minus one day to make a claim when something goes wrong. If you have used Acas, this time period is suspended during their involvement.
If you haven’t made an agreement through Acas, the employee has one calendar month to submit their claim to the tribunal after that process concludes. Be sure to check that they have issued their claim in time.
4. Make a timely response
As the employer, you have 28 days to respond to the employee’s claim. You can respond using the ET3 response form, either by post or online. This is essential, as missing this deadline could mean that a default judgement is made against you.
5. Gather evidence
Prepare for the hearing by gathering relevant evidence such as employment contracts, policies, and notes from meetings. You should carry out a thorough search to make sure you have all the information you need to defend the claim. The tribunal will organise a timetable for you and the employee to exchange evidence, so be prepared in advance and stick to the timetable.
6. Prepare witnesses
You can take witnesses to the tribunal to share relevant evidence. Consider the relevance of each individual to the case before deciding on who to call.
Each witness will need to provide a statement. They will need to prepare thoroughly for the hearing as they will be required to answer questions from the other side and the judge.
Facing an employment tribunal can be stressful and nerve-wracking and it may be a financial and reputational risk. Fortunately, help is at hand.
Contact at Wilkin Chapman today to find out how the firm can support you on 01522 515007, email tom.martin@wilkinchapman.co.uk or visit the .
*Please note that clients may have to pay fees when hiring an employment solicitor and claims must pass eligibility criteria.
