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Employment tribunal litigation

Timely, expert advice on all of the issues, from every angle.

Employment Tribunals received a total of 83,031 claims during 2015-2016. While fewer tribunals are taking place due to the fees now involved for claimants, significant awards are being made for successful claims, with average award values increasing.

No matter how rigorous your employment policies and procedures and how proactively you mediate when things go wrong, it's sometimes impossible to avoid a situation escalating to an employment tribunal. When a tribunal becomes an inevitability, there's a real danger that your organisation's reputation can be damaged, not to mention the financial implications, if you don't dedicate the right resource at the right time.

Expert advice and careful preparation to answer an employment tribunal claim are vital when your organisation finds itself in this situation – if the wrong decisions are made at the start, it may be too late to change approach once the tribunal is under way.

Weightmans' employment team can offer sound advice from the outset to help maximise the likelihood of a positive outcome. You can be sure that each and every time we're called on, we'll start by instigating a careful planning process for you, not just considering what to say in response to the claim, but assessing which witnesses should appear and how their evidence will be helpful in defending the claim, with due regard to matters of reputational importance and any learning to be applied going forward.

Unfair dismissal awards increase (particularly for some employers)

When working out what an unfair dismissal may cost, you will need to factor in employer pension contributions in the cap – not just standard pay.

Phil Allen Partner
Examining the scope of vicarious liability

The High Court has ruled that Barclays Bank is vicariously liable for the actions of a doctor it engaged to undertake pre-employment examinations on…

Peter Forshaw Partner

Employment Tribunal fees unlawful says Supreme Court

In a dramatic decision, the Supreme Court held that the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 is unlawful and…

Ben Daniel Partner

Test for public interest in whistleblowing is complex - but not met simply by another employee being affected

In 2013 the law governing whistleblowing protection was changed to require a worker’s disclosure to be made in the public interest.

Phil Allen Partner

The Taylor Review – big changes on the way for employment-related law

The Taylor Review has looked at working practices in the UK and recommended many changes to the way in which employment and worker rights should be…

Phil Allen Partner

The cost of discriminating in employment increases

Discrimination awards in employment (and related) circumstances will rise following a landmark decision of the Court of Appeal.

Phil Allen Partner

References: a quick reference guide

A recent Employment Tribunal decision serves to remind employers of the care that should be taken when giving a reference.

Claire Hollins Associate

Social media misconduct: can we dismiss an employee for damaging our reputation?

We're often asked to advise on disciplining employees who have made inappropriate comments on social media and such cases are never far from the…

Louise Singh Professional Support Lawyer