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Defending employment tribunal claims

Our specialist employment law team draws on its extensive sector knowledge and experience and can guide you through each stage of the tribunal process, from the initial response to a tribunal claim to support with preparing witness statements and strategic advice on handling the tribunal.

Legal support before a matter gets to a tribunal

Many of our clients have limited budgets for legal costs. We make sure that we can deliver effective results whilst offering value for money. Where there is a reasonable chance of a weak claim being dismissed at an early stage, we apply to strike out these claims. Our team can support you prior to a potential tribunal claim – for example with disciplinary or grievance hearings (which gives us an eye for detail as to what might be picked up on in a claim).

Resolving matters with a settlement or judicial mediation

Our team have an excellent track record with judicial mediation. We often settle cases at mediation for less than we had advised would be a reasonable amount to settle for. When a claim is brought by a current employee, this can be used as a means of agreeing their exit, achieving not only an end to their claim, but also a risk-free way to bring about their dismissal without a lengthy internal process.

Defending a matter at a tribunal

We appreciate however that some of our clients wish to defend claims out of principle and because of the message that settling a particular claim might send (where an employee has behaved in a way that is harmful to their interests or the people it serves). We are experienced in defending claims from start to finish in those situations and fully understand the reasons for this.  

Tribunal-focused training and resources for your organisation

We are passionate about sharing our experiences and can deliver training on employment tribunal process and procedures.

Our lessons learnt analysis can be given at any stage of a claim which can be shared internally with HR or management colleagues to seek to avoid similar situations arising again.

We have produced documents and guidance based on our experience with dealing with certain claims to help with internal processes that seek to reduce the risk of a claim. These include our guide on dealing with employment situations with police involvement and a suspension checklist.

Recent employment tribunal work for housing associations

Defending claims for constructive unfair dismissal in housing

In a recent case, a housing association instructed us to defend claims for constructive unfair dismissal

Read more

Defending a claim of racial discrimination in housing

We successfully defended a claim of race discrimination, harassment, and victimisation for a large regional social housing provider at tribunal.

Read more

What our clients say

We are proud of our expertise and successful track record, but don’t take our word for it, here’s what some of our clients have said:

Hannah has gone above and beyond to provide support and guidance to an employment tribunal that we are currently dealing with. Due to the complexity of the case myself in the HR department and our key witnesses have had a number of questions and need for clarification throughout the process and Hannah has not only responded in an extremely timely manner, but has taken the time to thoroughly detail her explanations which has not only provided us with full clarity, but has also educated us and the organisation on the process, which will be highly beneficial for any future tribunals. Hannah is approachable, knowledgeable and a pleasure to work with.

Thirteen Housing Group

I get the benefit of doing lots of employment work with lots of different firms and fee earners and probably get used to a decent level of competence – but every now and again someone particularly impresses, and Sarah certainly has.  I’ve been hugely supported in my role as Counsel on the case by the fact that she is: completely on top of the evidence (and so able to assist me on occasion with cross-referencing); thoroughly efficient; willing to go above and beyond (working outside normal office hours to finalise a witness statement, and to proof read materials), and clearly has been very supportive of the client and the witnesses (who I know have been impressed).

Charles Crow (Counsel), No5 Barristers Chambers

For more information

If your organisation is facing a potential employment tribunal claim, please contact Katherine Sinclair or Jackie Morris.

SECTOR LEAD

Katherine Sinclair

Legal director

Legal director in the employment and pensions team