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Employment Law

Employment Tribunals Claims

Susie Al-Qassab
Susie Al‑Qassab
Partner
Homa Wilson
Homa Wilson
Partner
Neil Emery
Partner
Lauren Hannath
Lauren Hannath
Solicitor
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Natalie Wellock
Solicitor
Ayesha Khan
Ayesha Khan
Trainee

If you’ve been dismissed from your job, discriminated against or otherwise treated unfairly during your employment, you may wish to make a claim against your former employer in the Employment Tribunal.

An Employment Tribunal is the legal forum where most types of employment disputes are heard. A Judge, either on their own or sitting with others as a panel of three, will read all of the relevant, documentary evidence and hear the evidence from every relevant witness before making a decision on your case.

There are strict time limits within which you must start your claim and a requirement to go through ACAS Early Conciliation before doing so. It’s therefore important to seek advice at the earliest possible stage.

How can I get legal assistance?

Contact our expert solicitors

After we’ve assessed your claim, we’ll allocate the most appropriate lawyer for your circumstances. Our lawyers will discuss the options with you, consider your evidence and advise you on the likely outcome of your dispute.

Discuss costing options

Employment Tribunal claims can be lengthy and costly, so the first consideration is how to fund your claim. You may have the benefit of alternative funding through your legal expenses insurance provider or trade union. If you don’t, we’ll provide you with clear and upfront cost estimates and ensure you remain in control of your costs at every stage.

Update you every step of the way

From the beginning, our solicitors will talk you through the relevant time scales. They’ll always try to achieve a positive resolution quickly so that your time, cost and stress is as minimal as possible.

"Thank you for all your help and advice. It was invaluable not just for the legal advice but as a support in, what for me, is a very difficult time."

Why choose Hodge Jones & Allen Solicitors?

Highly experienced

Our team of specialist employment lawyers are experts in representing people throughout each stage of an Employment Tribunal claim. We’ve achieved many successful awards and settlements in every kind of employment dispute, and pride ourselves in achieving positive outcomes in even the most challenging cases. Our partners are available for an initial confidential discussion.

Clear advice

Employment Tribunal claims can be complex and intimidating without the right support. We understand the process and how stressful it can be to have to enforce your legal rights. Our focus is therefore to ensure that you’re advised clearly and properly to enable you to feel in control and supported to make the right decision at every stage of the process.

Independently recognised

We’re independently recognised as leaders in our field, who’ll provide you with specialist advice and representation. You can rely on us to fight your corner and ensure you’re in the best possible position to achieve the outcome you want.

"Thank you so much for all your help. Thank for staying so calm and explaining everything fully."

What outcome should I expect?

If you’ve been unfairly dismissed, an Employment Tribunal may consider ordering your former employer to reinstate you into your previous role, or re-engage you into an alternative role. However, this is rare and it’s more likely you’ll be awarded compensation, to reflect the financial loss you’ve suffered.

If your claim includes discrimination, you may also recover additional compensation to reflect the way in which the discriminatory actions made you feel.

The majority of Employment Tribunal claims settle through the parties reaching an agreement. This usually includes your former employer paying you compensation, in order to avoid the final hearing. There are many reasons why settlement is often the best option, not least because of the cost savings to you in achieving an early resolution.

There are several stages to a claim, which typically include issuing the claim, preparing a document which sets out the amount of compensation that you are seeking, disclosing all of your relevant documentary evidence, preparing and exchanging written statements from you and your witnesses and arguing your case at your hearing.

 

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Featured cases

Client wins highly satisfactory outcome

We represented a mother who was dismissed for making an application for flexible working. We issued claims on her behalf for: unfair dismissal, sex discrimination and the unlawful refusal of a flexible working request. Taking a strong and robust approach to the litigation, we helped our client to achieve a highly satisfactory outcome.

 

Our solicitors help vulnerable client to get positive outcome

We assisted a vulnerable client with severe disabilities in a highly complex case. Our successful representation enabled him to tell the Employment Tribunal of the injustices that he’d suffered because of the discriminatory actions of his employer, which had life-changing consequences. He was able to get a positive outcome.

Frequently asked questions

How much does an Employment Tribunal claim cost?

The cost to instruct us varies depending upon the length and complexity of your case. There are no fees payable to the Employment Tribunal and usually, even if you lose, you won’t be required to pay the other party’s legal costs.

Can I recover my legal costs if I win?

In the vast majority of cases, the answer is no. The default position is that both parties are responsible for their own legal costs. Costs are only awarded against the other party in rare circumstances, for example when the party has acted in a malicious, upsetting or otherwise extremely unreasonable way.

How long does a claim take?

It varies depending upon the type of claim and complexity but typically, a claim can take between 6 months and 18 months to conclude from the date the claim is commenced.

What is the time limit to start a claim?

In most cases, you have three months less one day to start legal action. This might be from the termination of your employment, or the discriminatory act, depending upon the type of claim you’re pursuing.

Before you can issue your claim, you must go through ACAS Early Conciliation, and there are then different, strict time limits for presenting your claim to the Employment Tribunal.

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"Absolutely brilliant, words can't express how happy and glad I am to have you on my side. Brilliant company and amazing staff. I will recommend HJA to everyone I know, once again, thank you so much."

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