Whilst a swift and amicable settlement to any employment dispute is always desirable, sometimes this is not possible. An employee and employer may not see eye to eye regarding the fairness of the dismissal or redundancy, or one party may be making unreasonable financial demands of the other. A departing employee may fail to respond to solicitor letters about the return of confidential information or an alleged breach of their post-termination restrictive covenants.
Although we work hard to resolve disputes as quickly and as cost effectively as possible, we are highly experienced to handle claims in the Employment Tribunal and the High Court where necessary, employing specialist barristers. The key to success can often be choosing a barrister who has a particular and niche expertise in our client’s sector or in the area of law which is relevant to the case.
There are strict time limits in the Employment Tribunal for bringing proceedings, or a claim will be barred. For example, a claim for unfair dismissal must usually be brought no later than three months from the date of dismissal. However, there are some complexities and exceptions; it is mandatory to approach ACAS to conciliate prior to issuing proceedings, and this can affect time limits. It is vital to consult a lawyer at an early stage to ensure that you do not fall foul of these strict rules.
Time limits in the civil courts, including the High Court, are much more generous, but claims to enforce restrictive covenants can fail as a result of delays of even a matter of weeks, and so again action needs to be taken quickly.
Mock Employment Tribunal
Watch the video highlights of our latest Mock Employment Tribunal in association with Hertfordshire CIPD and No5 Chambers. The mock trial gave an accurate picture of what to expect if ever faced with an employee dispute that reaches the tribunal stage.
