Are you facing a possible or actual claim involving alleged Discrimination ?

We defend businesses and employers who face claims from an employee

The first you might know of a claim is upon receipt of papers from the Employment Tribunal. You only have 28 days to submit a written response to the claim otherwise you lose your right to defend it. Average awards are now in excess of £10,000 with maximum awards up to £300,000 depending on the nature of the claim.

The system is deliberately stacked against an employer because the burden of proof at the employment tribunal is in favour of the employee. In other words, its for you to prove you didn't act unlawfully, rather than for the employee to prove you did.

The most common types of employment claims are for unfair dismissal followed by discrimination claims. Discrimination includes sex, race, age and religious discrimination among others. Because the maximum award for discrimination cases is unlimited and normal dismissal is capped, you often find that a claim is for a combination of unfair dismissal and discrimination.

Types of Unfair Discrimination Claims

An current or former employee can potentially make a claim against you where they claim they have been discriminated against unlawfully. In some cases, even someone who is not a current or former employee can claim. 

Unlawful discrimination is where you are alleged to have discriminated against someone for reason of :

• Age
• Disability
• Gender
• Having a child
• Marital status
• Pregnancy
• Race
• Religion
• Sexual orientation

Within these broad headings, there are literally an infinate number of sets of circumstances. Each case is different. Most cases can be argued each way and that's where help from a good professional, focused on your case from a pro-business point of view can make all the difference. 

Get a Professional On Board Early

If you receive claim papers from the employment tribunal, you should get urgent advice on how best to handle it. Do not delay. It is always advisable that you get a professional to prepare your written response to the Tribunal.

Once you've responded to the Tribunal, you'll begin a process towards a full Tribunal hearing. This process will involve dealing with evidence, witness statements and ultimatley a legally hearing before a judge at your local Employment Tribunal.

Again, its important to have professional help. Even a straight forward dismissal claim can involve a complex combination of contracts, PAYE records, documentation, witness evidence and witness statements as well as many other types of evidence particular to any one case.

Good professional help achieves a more likely favourable outcome at the hearing. Equally as important though, it increases the chances of settling the case early and in your favour.

Our approach is always that favourable settlement is always far more advantageous than the cost and uncertainty of a full hearing. The chances of an early and favourable settlement depend largely on the quality of the evidence in your case and the skill of your representative.

If you've received claim papers from an Employment Tribunal, then we strongly recommend you speak to us. We'll be happy to talk through the issues with you and have a look at the papers free of charge and without obligation. Contact us today on 0800 1777 522.