Tribunal Support for Employees

Taking your claim to the Employment Tribunal is usually the last resort following a series of steps to try and negotiate a settlement with an employer. Our expert employment lawyers can help with the negotiations.
If all attempts to negotiate a settlement have been exhausted without success then taking your claim, to the Employment Tribunal may be necessary in order for the Tribunal to adjudicate on the evidence and determine the outcome.

We advise employees on the merits of a potential claim and assist in negotiating settlements where possible. If a tribunal claim is necessary we will collate evidence, prepare and file a claim, instruct and barrister where one is required and attend the Tribunal Hearing.

Whenever we take on a new client, whether that be providing advice and assistance or formally representing an employee at tribunal, we make sure that you understand the likelihood of a successful outcome in your case, and what that might look like.

Firstly, you need to consider the financial loss you have suffered, including loss of earnings, benefits, and pension contributions. Additionally, you should also consider the injury to feelings caused by the discrimination, as well as any personal injury suffered. The bad behaviour of your employer may also be taken into account. It is essential to prepare a schedule of loss detailing all the amounts you are claiming, and keep evidence of any extra expenses incurred. If you are still employed, you should calculate the difference in salary if you didn’t get a promotion and show that you are applying for promotions elsewhere. If you lost your job, you should keep documents like payslips or P60 to prove your income loss. The tribunal may also award compensation for loss of future earnings if it thinks it will take you longer to find a job. A reasonable settlement agreement will depend on the specifics of your case and can be negotiated by our expert team of employment solicitors.

The outcomes of an unfair dismissal claim at an employment tribunal depend on various factors. If the tribunal finds that you have been unfairly dismissed, you may be entitled to compensation, which includes a basic award and a compensatory award. The basic award is based on your length of service and gross weekly pay, while the compensatory award covers past and future losses resulting from the dismissal, including any company benefits. The amount of compensation may be reduced if you have put colleagues at risk, stolen from your employer or otherwise contributed to your dismissal. The maximum amount for a year’s gross pay is £105,707 for dismissals on or after April 2023.

Reinstatement or re-employment by your employer is a possibility in cases of unfair dismissal. If you are successful in your claim for unfair dismissal, the employment tribunal can order your employer to reinstate you or re-employ you in a similar position. However, this is not always possible or practical, and the tribunal may instead award compensation for loss of earnings. It’s important to seek the advice of an experienced employment solicitor who can help you understand your options and guide you through the process.

Declarations are formal statements made by the tribunal to clarify legal rights and obligations when there is no practical remedy available. Declarations can be issued by the tribunal whether or not any other order is made. Declarations can establish legal precedent for future cases and can be particularly useful in cases where there is a dispute over the interpretation of a contract or a legal point. It’s important to seek the advice of an experienced employment solicitor to understand the implications of a declaration and how it may affect your case.

A recommendation is a non-binding statement made by the tribunal to suggest a course of action that would resolve the dispute between the parties. The tribunal may make a recommendation if it determines that an employer has acted unfairly or unlawfully but there is no practical remedy available. Unlike a declaration, a recommendation does not establish legal precedent, but it can be persuasive in future cases. It’s important to note that a recommendation is not legally enforceable, but an employer who fails to comply with a recommendation may face adverse publicity or reputational damage. If you are considering making a claim to an employment tribunal, it’s important to seek the advice of an experienced employment law solicitor to understand the implications of a recommendation and how it may affect your case.

When an employment tribunal finds in favour of a claimant, it has the power to award various remedies. One of these remedies is a financial penalty that can be imposed on employers who breach employment law, regardless of the nature of the remedy awarded to the claimant. The penalty is designed to encourage compliance and reduce deliberate breaches and is subject to the employer’s ability to pay. The amount of the penalty may be reduced if the employer complies within 21 days. The tribunal considers factors such as employer size, duration of breach, and behaviour of the employer and employee when deciding if there are any aggravating features in the breach.

Employees do not have to pay a fee to file an employment tribunal claim. However, it is important to note that bringing a claim can be a costly and time-consuming process for both the employer and the employee. In terms of costs, the claimant does not have to pay any fees to the tribunal, but they may have to pay their own legal fees unless they can find a solicitor who will work on a ‘no win, no fee’ basis. If the claimant wins, they may be able to recover some of their legal costs from the employer. On the other hand, if the claimant loses, they are usually not required to pay their employer’s costs, unless the claim was unreasonable or they behaved badly during the process. It is important to seek expert legal advice before making a claim to consider all the potential costs involved.

Interest in the context of an employment tribunal refers to the amount of money awarded to the claimant to compensate for losses resulting from the employer’s breach of employment law. The interest is calculated from the date of the loss until the date of the award and is intended to put the claimant in the same financial position they would have been in had the breach not occurred.

The interest rate used is the same as that used for county court judgments, which is currently 8%. However, interest can be awarded at a different rate if the tribunal considers it just and equitable to do so. It’s worth noting that interest is subject to income tax and should be declared on the claimant’s tax return.

If an employer fails to pay an award or settlement ordered by an employment tribunal, they may face penalties. The penalties can include an additional sum to be paid to the claimant, known as a “penalty payment,” which can be up to 50% of the unpaid award or settlement. In addition, the employer may be publicly named and shamed by the government, and may also face court action, including the seizure of assets or orders for the employer’s directors to pay the debt personally. It is important for employers to comply with tribunal orders and settlements, as the penalties for failing to do so can be severe.

Employers who fail to pay employment tribunal awards and settlements may face public naming and shaming. This means that their name, the amount of the award or settlement, and the fact that they have failed to pay will be published on the government’s website and in a public register. The purpose of public naming is to encourage compliance with tribunal orders and settlements and to deter other employers from failing to pay. It is important for employers to comply with tribunal orders and settlements to avoid these severe penalties and the reputational damage that comes with public naming.