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Employment tribunal litigation

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

Since the abolition of Employment Tribunal fees we have seen an increase in the number of claims brought. 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.

Equal pay update: three new cases you need to know about

The BBC has recently received a firestorm of criticism both internally and externally when it was required to publish details of its top earners.

When work transfers overseas, what happens to the staff (and does TUPE apply)?

The Judgment of the Employment Appeal Tribunal in Xerox Business Services Philippines v Zeb has provided some helpful clarity.

Phil Allen Partner

Employment Tribunal fees Q&A: What happens now?

On 26 July 2017 the Supreme Court handed down judgment in R (on the application of Unison) v Lord Chancellor, the challenge to Employment Tribunal…

Louise Singh Associate

Has your obligation to collectively consult employees just been extended?

Wandsworth London Borough Council v Vining, a case hailed by the union as significantly extending employers’ obligations to collectively consult.

Paul McFarlane Partner

Disciplinary procedures and workplace stress: Is your organisation at risk of a personal injury claim?

High Court awarded £280,000 to a prison officer who had suffered psychiatric damage as a result of a protracted and poorly handled disciplinary…

Phil Allen Partner

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