There is never a good time to face an Employment Tribunal claim.
But when it happens, it’s important to entrust your matter to a legal team who:
- Has seen it all before. We advise on hundreds of claims each year and there aren’t many Tribunal litigation issues, no matter how obscure, that we haven’t come across before and can’t bring our experience to bear on
- Understands the difference between a routine matter and a “bet the farm” claim, and allocates resources to match
- Realises that, while litigation might be our day job, it isn’t yours and guides you through the process – from pleadings to disclosure through witness statements and on to the full hearing – as smoothly and effortlessly as possible
- Always has its eye on the commercial objective, knowing when the time is right to go in “all guns blazing”, and when an expertly negotiated exit is the best way forward
We can handle the whole range of Employment Tribunals claims and have particular expertise in:
- Complex and sensitive discrimination and whistleblowing claims
- Equal pay
- Unfair dismissal, including the various types of automatic claim
- Protective award claims under TUPE and TULR(C)A, and TUPE employee liability information disputes
- Unlawful deductions from wages
- Breach of contract
- Dismissal and detriment for trade union membership and activities
- Agency worker disputes
For ‘routine’ Employment Tribunal litigation, we can support employers cost effectively through our low cost, fixed fee service rockhopper.
When can a termination discussion be without prejudice?15 December 2022
For a discussion to be “without prejudice” there must be an existing dispute between the parties. A recent EAT case helpfully clarified when a grievance will count as a dispute for these purposes.
When can a mistake not be corrected? Court of Appeal rules collective agreements are not capable of rectification03 November 2022
A recent Court of Appeal decision has confirmed that employers cannot seek rectification of mistakes in collective agreements. Where agreements with unions about terms and conditions have been wrongly recorded, employers will be limited to seeking to rectify relevant employees’ individual employment contracts in as far as they incorporate the mistaken terms.
Holiday pay for part-year workers should not be pro-rated21 July 2022
The Supreme Court has ruled that the paid holiday entitlement of part-year workers should not be pro-rated for the weeks they do not usually work. This means that the 12.07% method for calculating the holiday pay hours of casual workers on permanent contracts is no longer a valid approach.
Court of appeal decision gives comfort on employment status for tax purposes26 May 2022
The Court of Appeal has held that when determining employment status of an individual for tax purposes the contractual terms should not be disregarded unless they are unrealistic. This decision offers some comfort to businesses which engage self-employed contractors, including those in the gig economy.
A requirement to offer or accept a minimum amount of work is not a prerequisite of worker status, says the Court of Appeal10 March 2022
In this latest employment status case, the Court of Appeal considered if an individual can be a worker without there being any commitment to offer or accept a minimum amount of work. The Court concluded that such a commitment is not a requirement of worker status and that a panel committee member was, therefore, a worker entitled to paid holidays.
Agency workers and the right to be informed of vacancies22 February 2022
Agency workers must be informed of relevant vacancies with the hiring business but have no right to be considered for those vacancies on the same terms as the hirer’s direct recruits, according to a new Court of Appeal ruling.
Pimlico Plumbers part two - compensation for unpaid holiday throughout engagement02 February 2022
In a decision with major implications across the gig economy and beyond, the Court of Appeal has ruled that workers who were incorrectly classified as independent contractors and were not paid for holiday can claim compensation for the whole period of their engagement.