Individuals
Individuals will often need advice, perhaps as a result of being suspended with a view to being dismissed by their employer, or following their dismissal, or sometimes simply due to a deterioration of the working relationship whereby they have been pushed to the point of resignation.
Alternatively, some individuals may have been subjected to discrimination or workplace bullying. As a result (and nervous about 'rocking the boat') they feel constrained in terms of trying to remedy the situation, particularly with an unsympathetic employer.
Whatever the problem is, taking some early tactical advice can help overcome any sense of frustration and isolation by hopefully presenting some sensible options with a view to achieving a positive outcome. This can still be the case even if there is an acceptance that it is probably the end of the employment relationship. In those circumstances it is usually becomes a question of whether a mutual termination can be agreed, or whether litigation is necessary or inevitable.
Potential claimants and their lawyers always need to consider the limitations of adopting a litigious approach, particularly as legal costs are not generally recoverable in the Employment Tribunal. Furthermore, it is often the case that despite an individual being subjected to some extremely shoddy treatment by their employers compensation can still be limited.
Even if a mutual agreement cannot be obtained and the merits of an Employment Tribunal claim look good, potential claimants will need to reflect both upon the time and stress of pursuing their former employers, together with the fact they won't recover their legal costs unless insurance funding can be obtained. Unfairly dismissed employees still have a duty to mitigate their losses by seeking alternative employment and this is made all the more difficult when one’s life is effectively on hold whilst the litigation persists.
All these factors must be considered at a very early stage particularly if the final outcome has the potential of being marginal.