Employment Litigation
Often employers find themselves being drawn into a work-related issue whereby one can immediately sense that the problem is heading towards the Employment Tribunal.
When trying to tackle unruly members of staff there is inevitably the temptation to adopt an equally entrenched position; resigning oneself to religiously following the correct procedural requirements (be it a disciplinary, grievance or bullying investigation) with a view to defending any subsequent claim that may follow. With an intransigent employee options may be limited and relationships can deteriorate further simply as a result of following due process. A more lateral approach may be beneficial however. Can the issue be resolved informally, if so, who is the best person to deal with it? Alternatively, what about a mediated solution or failing that, trying to instigate a compromise agreement if the working relationship has irretrievably broken down.
Conversely, if employers want to play 'hard ball', then all the options must be evaluated in the knowledge that whatever action is taken it will subsequently be scrutinised by an Employment Tribunal if a claim follows.
Having received an Employment Tribunal claim, pleading the right defence can be crucial. Employment law claims encompass a host of different statutory provisions each with their own nuances. For example, missing a limitation point or failing to plead contributory fault are important omissions.
Employment Tribunal claims can tend to be a confusing mix of overlapping allegations. It is common to see a number of different claims (e.g. sex, disability, whistleblowing and unfair dismissal) all forming part of the same claim. Each allegation, therefore, needs to be approached differently.
Establishing the merits of any defence at an early stage to an Employment Tribunal claim is important. Is any defence going to be so hopeless that a settlement needs to be secured quickly or, by the same token, is the claim so weak that the employer should be thinking about a strike- out, or applying for a deposit, or at least putting the other party on notice of costs if they continue with their claim? Whilst in theory the Employment Tribunal process allows employers to represent themselves, the relative complexity of both employment law and procedure can make the prospects of doing so daunting. Professional help from an experienced legally qualified specialist can make an enormous difference.
Employment Tribunals operate with some degree of formality following their own statutory rules and procedures. It is obviously helpful to understand Employment Tribunals’ idiosyncrasies as a lack of familiarity can affect one’s overall confidence and demeanour.
Employment litigation in the High Court tends to derive from restrictive covenant disputes (springboard injunctions) breaches of confidentiality and bonus claims. These types of disputes tend to be 'nuclear' often requiring the immediate issue of Court proceedings. Emotions tend to be pretty high therefore. Given the difficult legal issues involved and the rather punitive costs regime that exists in this forum, specialist help is a pre-requisite.