December 6, 2022
Recent high-profile Employment Tribunal claims (such as the case of a new mother who brought a claim for constructive unfair dismissal and discrimination against Morrisons) have reminded employers of the consequences of getting their HR and employment procedures wrong. In the Morrisons case, the employer dealt badly with its employee’s return to work from maternity leave and tried to force her to carry out her old full-time role in part-time hours. She resigned and was awarded £60,000 in compensation by the Employment Tribunal.
Employment Tribunal Claim Process
So, what happens when an employee brings an Employment Tribunal claim against your business and what can you do to maximise your chances of defending the claim?
Normally, you will find out about an employment tribunal claim when you receive an “ET1 form” in the post from the Employment Tribunal. This will set out what type of claim your employee has brought (for example, discrimination or unfair dismissal) and what they say happened. Once you receive the claim, you will only have 28 days to send your defence (called an “ET3 form”) to the Employment Tribunal – so it’s crucial to act straight away when you are sent a Tribunal claim. If you miss this deadline, then you could have judgement entered against you or be prevented from taking part in the proceedings.
Defending an Employment Tribunal Claim
We recommend you take the below initial steps to when faced with a claim to put yourself in the strongest possible position:
For more information and help with defending an Employment Tribunal claim brought by one of your employees, read our free guide or contact our employment solicitor Damian Phillips for a free initial chat to see how we can help.
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