If you end up in the unfortunate position of being in dispute with one of your staff, you will want to bring it to a satisfactory conclusion quickly and minimise your financial exposure.
We understand that managing employment litigation is an important part of running your business.
If you’re unfortunate enough to receive an employment tribunal claim, we’ll assess your chances of success at the outset, and give you a commercial view on how best to proceed with the tribunal claim.
Defending your claim
With that assessment in mind, we’ll work alongside you and your business, understanding the level of risk you’re prepared to take and resources you have available to defend the dispute.
We’ll aim to get the best possible outcome from the case by preparing a robust response and bring the tribunal claim to a satisfactory conclusion.
Our approach for defending employment tribunal claims involves a robust defence, followed by a request for further and better particulars (FBPs) if required.
We will guide you through the process, ensuring we strategically consider our position and responses at every key stage, including:
- Reviewing papers and advising you on merits and likely award against the business
- Preparing/attending Preliminary Hearing
- Entering into pre-claim conciliation
- Taking, drafting and agreeing on witness statements
- Preparing your defence
- Preparing/attending the Final Hearing
These stages are only examples and it’s important to note that some claims may require additional or fewer actions. Our methodology is designed to force an early withdrawal of the employment tribunal claim, saving you time and money.
Whilst guiding you through the tribunal process, we’ll gain valuable insight into your operations and upon concluding the claim, we may be able to identify areas in which we could offer support and training to prevent similar cases from arising in the future.
We have experience in defending claims involving:
We provide a range of estimated costs which you can access by clicking on the link below. For more information about how we can help and a personalised quote, please contact a member of our team below for a no-obligation discussion.
Defended claim at employment tribunal for unfair dismissal
August 29, 2018
Education organisation avoided employment tribunal proceedings
July 29, 2018
Helped organisation avoid employment tribunal proceedings.
June 29, 2018
National retailer secures low value settlement of tribunal claim
May 29, 2018
Successfully defended employment tribunal claim for food manufacturer
April 29, 2018
How long does it take?
The time it takes depends largely on the stage at which the case is resolved. If a settlement is reached during pre-claim conciliation, the case could take a matter of weeks. If the claim proceeds to a Final Hearing in the Employment Tribunal, the case is likely to take several months. In some cases, because of the pressure on the Tribunal system, even years! This is just an estimate and we will be able to give you a more accurate timescale once we have more information, and as the case progresses.
"Actons have worked with Leicester College on employment matters for a number of years. They have a good understanding of our needs as an employer, the work we do and the environment within which we operate. The advice they provide is unfailingly prompt, practical and clear about the actions we need to take and the potential risks for the College. When needed Actons have successfully and effectively represented the College in dealing with Employment Tribunal and other claims."Rod Wood, Director of Human Resources at Leicester College
"‘Very personable’ practice head Nic Elliott, also leads the employee investigation team which handles large-scale investigations, in particular regarding fraud, whistleblowing and harassment."The Legal 500 2018 (Employment)
The Legal 500 2023: Employment"Actons is a growing employment law team focused on advising employers on employment tribunals, absence management and TUPE. The practice is also a founding member of the East Midlands HR Network, a not-for-profit organisation which runs HR events for professionals in the region. Nic Elliott heads the wider employment and dispute resolution practice, where he advises on the exit of senior employees and day to day employee relations. He also runs employee-related investigations, including fraud, discrimination, whistleblowing and grievances. James Symons is highlighted for tribunal work."
"Nic is an exceptional lawyer with fantastic people skills. He was able to quickly get under the skin of our business, challenge us on how things should be structured legally and delivered documentation that is effective and simple to understand. He brings a wealth of large corporate experience and can apply it to your business whether you are an SME or a larger corporate. I can't ever see us needing to look elsewhere for our employment law needs."Jonathan English, Managing Director – Skeleton
The Legal 500 2021: EmploymentActons advise on a wide range of employment and HR issues for owner-managed businesses and SMEs, as well as household name clients such as Iceland Foods and Bistrot Pierre. The team's key strengths include advising on Employment Tribunals, absence management and providing training. James Symons, who was promoted to director, is 'friendly, calm and incredibly knowledgeable'. Practice head Nic Elliott is an 'engaging partner' and maintains a strong 'rapport' with his clients.