Employment Tribunal Solicitors

Employment Tribunals can be brought from staff with both short and long service and can vary from straightforward unfair dismissal claims to multi-Respondent discrimination claims.

Our specialist Employment Law Solicitors act for employers in Tribunals across the UK. We help businesses from the outset of the process, at the early conciliation stage, all the way through to the final hearing. We also support employers in Employment Appeal Tribunals. 

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Sharmaine Nethercott

What is involved in preparing for an Employment Tribunal?

First and foremost, it is essential to understand the legal claim against you and the tests you need to meet in order to successfully defend the claim. The success of cases can fall down to the documentation supporting your case, and the credibility of witnesses. As such, it is essential to collate all relevant paperwork (the duty being to disclose documents which are both helpful and unhelpful to your case) and ensure that your witnesses are fully prepared. 

We support businesses in preparing the defence for the claim, identifying all the relevant documentation, creating a joint hearing bundle, drafting witness statements and preparing for the final and any preliminary hearings. We also act as the point of contact for the business, liaising with all the relevant parties including ACAS and the Tribunal.

Employment Tribunal costs for employers

The cost to defend a claim depends on the nature of the claim itself, the number of witnesses involved and the length of the hearing. As a general estimate, the cost of preparing for the Tribunal hearing is: 

Simple case such as unpaid wages or a straightforward unfair dismissal claim: £5,000 -£7,500 (excluding VAT)

Medium complexity case such as sex discrimination or a constructive unfair dismissal case: £7,500-£10,000 (excluding VAT)

High complexity case such as disability discrimination or whistleblowing: £10,000-£20,000 (excluding VAT)

In addition, employers will need to pay Counsel’s fees for attending any preliminary or final hearing.

call Speak to one of our Employment Solicitors on 01752 827081

Karen Bussell

Why choose Nash & Co Solicitors?

Engaging us to defend the claim on your behalf takes the day-to-day management of the Tribunal process off your desk, allowing you to focus on running your business.

It is important that you understand the process, the claims that need to be defended and what you need to do in order to properly defend them. We are experts in explaining the law and the Tribunal process in a way in which our clients understand and ensure that they are as best prepared as they can be for a Tribunal.

We explain the options in terms of defending the claim and, where it is commercially appropriate to do so, the potential for settlement on cost-effective terms. We are also honest about the merits of the claim, helping clients understand where there are potential weaknesses and how best to deal with these. 

Some common Tribunal questions

In this video series, our experienced employment law professionals will address a wide range of topics and questions that commonly arise in employment tribunal cases. From understanding the grounds for filing a claim to exploring the procedural steps and potential outcomes, we've curated this series to support you with practical information and valuable insights for asserting your rights and seeking appropriate legal recourse.

  • In the vast majority of cases, potential Claimants are required to contact ACAS and engage in early conciliation, obtaining an early conciliation certificate, before issuing a claim. Early conciliation is a process whereby ACAS explores whether a potential settlement can be reached at an early stage.

  • No – ACAS automatically issues a certificate if an agreement can’t be reached. It’s no reflection on the strength (or otherwise) of the claim.

  • It is now a case of waiting to see if a Tribunal claim arrives – it will usually be sent by post so make sure you are keeping an eye out.

  • With the claim will be a ‘Notice of Claim’ (ET2) which confirms the date the defence is due – usually within 28 days of it being posted.

  • Yes, or you risk a default judgment – this means that the Claimant’s claim is deemed successful, and you will only be allowed to participate in a remedy hearing (a hearing where it is determined what compensation will be payable to the Claimant).

  • Yes – any judgments are issued on an online government register and the final hearing itself (and some preliminary (case management) hearings) are also public, meaning members of the public can attend.

  • There are very limited circumstances in which you can bring a counter claim including if the employee is bringing a breach of contract claim. If you do wish to bring a counter claim, you will need to tick the section of the ET3 response form which confirms that you intend to do so and set out details of your counter claim.

  • The Employment Tribunal is normally considered a no cost jurisdiction, meaning that each party is responsible for their own legal fees. There are rare circumstances in which a party may be ordered to pay the other side’s costs, following an application to do so, for example where a claim is vexatious or had no reasonable prospect of success.

  • Whilst attendance is not mandatory (unless you are subject to a witness order), Tribunals test witnesses’ evidence through questioning, both by the Claimant and the Judge themselves. This means that in order for your witness statement to have any weight, you must attend the final hearing.

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Fill out the form below and let us know whether you would like us to call you, or email you. One of our Commercial Dispute Resolution team will be in touch as soon as we can. If your enquiry is urgent then please call us on 01752 827081.

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