Representation at Employment Tribunal
If you feel you have been treated unfairly by an employer, the employment tribunal is the place where you can voice these concerns and make a claim for compensation. You may have faced discrimination or unfair dismissal or you may not have received money you were entitled to. Going through the tribunal process can be daunting, so our experienced expert lawyers, based in Southampton and Winchester, are here to help you through the whole process from start to finish, to make sure you get the outcome you want.
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How we can help you through an employment tribunal claim
- Guiding you through each stage of the employment tribunal process so you know what to expect and what’s involved in bringing a claim
- Advising you on the strength of your claim and your likelihood of success
- Liaising with Acas in relation to settlement, including during early conciliation
- Drafting and submitting your claim form
- Advising on all relevant documentation and drafting witness statements
- Managing communications with your employer
- Negotiating a financial settlement
- Representation and advocacy at the employment tribunal hearing itself
Costs
We have extensive experience of employment tribunal claims for individuals, as well as defending claims for employers. If you are considering making a claim against your employer then our fixed fee meeting scheme may be suitable for us to provide some initial advice and assistance. Alternatively, we can schedule a meeting with you and carry out the work in accordance with our hourly rates.
In some cases, we may be instructed by your insurance company. This will require us to agree suitable terms with the insurance company. For anyone considering bringing a claim against their former employer we recommend that you check your insurance policies to see if you have the benefit of legal expenses insurance.
In-House Counsel
Our team of experienced lawyers is well-equipped to support you in various ways. Whether you require advice on a specific issue, additional resources due to capacity constraints, or a second opinion, we are here to help. Explore our legal counsel page for more information and details on our schedule of seminars, specifically designed for in-house counsel.
How we work with you
Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:
- Over the telephone
- Via video conferencing
- In face to face meetings
In our early conversations with you we will talk through how you would like to be contacted and the best ways for us to meet with you.
Downloadable Guide on the Employment Tribunal Process
We have created a complete guide on the Employment Tribunal process. Download your copy now.
Get in touch to speak with an expert.
Introducing your key contacts
Clive Dobbin
Partner and Head of Employment & Sports
David Roath
Partner – Employment Team, Winchester
How we’ve helped our clients
Podcast
The Employment Tribunal: What happens on the day – Part 2
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The Employment Tribunal: What happens on the day – Part 2
Welcome to part two of our two-part series on Employment Tribunals. In this podcast Employment experts Clive Dobbin, David Roath and Tabytha Cunningham answer your key questions about what happens on the day of a Tribunal. They chat through everything from how to give a witness statement to what to wear.
For more information on how our team can help you: https://parissmith.co.uk/your-business/employment-law/tribunal-representation/
Show notes
00:50
What is the set up for a typical Employment hearing?
David talks about how processes been pushed forward by the pandemic and what are the options for a virtual hearing. Do you get a choice which option you can have?
02:50
What should you know before the hearing to prepare? Tabytha explains what technology you should test if you are remote and some tips for making this process seamless.
If you have an in-person hearing, what happens when you arrive and who will be there? Be prepared for lots of waiting around.
04:25
What preliminary matters will there be on the day? Tabytha talks through how this works and what is common.
05:10
Who decides the outcome of a case? This depends totally on the claim. Simple cases like unfair dismissal will be heard by one Judge In more complex cases like discrimination, there will be a panel of three people. Our experts explain how to they work together to decide and who has the final say.
07:35
Giving evidence – how is this done and how should you address the Judge?
Our experts also explain how are different people are addressed and the common terms you might hear such as ‘claimant’, what you should wear, what to bring with you, where to stand when giving evidence and what swearing an oath means in practice.
09:45
What happens at cross examination? This is when the other side will ask questions about your witness statement. Our experts give some tips about what to expect and how to answer.
11:40
Our Employment team give top tips for preparing to be a witness and discuss the importance of the witness statements.
The key is that you should remind yourself what is said in the statement before the hearing as they often written a long time before the hearing.
13:40
Submitting additional documents – what is the process when you want to submit extra information?
15:35
Cross examination can be nerve-wracking. Our team give tips for giving evidence and cross examination, and cover the importance of preparation and overcoming nerves
20:35
Coming to a decision – what is the process and how long does this take?
21:50
What happens if you are unhappy with the decision and what are the grounds for appeal?
The Employment Tribunal process – What you need to know – Part 1
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The Employment Tribunal process – What you need to know – Part 1
Welcome to the first episode of our two-part series on employment tribunals. In this podcast Employment experts Clive Dobbin, Claire Merritt and Andrew Willshire cover the key steps in presenting a tribunal claim, and what employers should do in response to a claim.
Show notes
01:10
What is ACAS early consiliation and what do you need to do? We chat through how this process can help you address issues early and how ACAS can mediate.
More information: www.acas.org.uk/early-conciliation
03:50
What is our advice for employers about ACAS early consiliation? Should you engage and what are the benefits?
05:25
Are ACAS overburdened and what are the implications?
06:30
We cover how an employee presents a claim to the tribunal and what documents are required.
Access an ET1 form: www.gov.uk/government/publicat…t-tribunal-form-et1
07:55
We discuss what makes a claim acceptable
08:30
How much detail should an employee include in the claim? They must be concise and clear.
09:10
Should you attach documents in your initial claim submission?
09:50
What happens when you receive a claim as an employer? There are strict deadlines in this process, so explain the importance of this.
11:05
Our experts guide you through submitting an ET3 form, verifying the information that the employee has submitted, and when you have your opportunity to submit your version of numbers, dates etc.
11:50
When should you be instructing a solicitor and information gathering and submitting your response?
13:10
So the claim and response have been submitted – what happens now? We also discuss when a preliminary hearing is necessary.
14:22
Who attends a preliminary hearing?
15:00
What evidence do you need to defend a claim? We also discuss the process of ‘disclosure’ – what is this and how long does it take?
17:50
Our experts talk through the role of witness evidence
18:40
What should you do if you feel there are documents missing in the disclosure?
19:55
Employment tribunal costs – can you reclaim costs if you are successful in defending your claim?
22:00
Reaching a settlement – our lawyers answer key questions such as what options are there for settlement once a claim has been presented? Are settlements always done through ACAS?
25:05
The role of mediation – how does it work through the employment tribunal process, and how successful is judicial mediation?
25:45
How has COVID-19 affected the employment tribunal process? We know the employment tribunal is struggling to cope at the moment, so how does this affect when a final hearing can happen?
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