Defending and settling claims

We appreciate that it is not always possible for you to follow the correct practice and procedure. Commercial pressures often require managers to seek an expedited approach to handling disciplinary issues. However, unless an employer is able to demonstrate that it has followed a fair and reasonable procedure in light of its administrative resources, there is a danger that a Tribunal may find any resulting dismissal unfair.

The types of claims that an employee or former employee may bring include the following:

• unfair dismissal
• constructive dismissal
• discrimination
• breach of contract
• harassment
• unlawful deduction of wages
• unequal pay claims
• whistle-blowing
• stress-induced personal injury
• breach of the family-friendly regulations
• injunctive relief

These claims may be presented to an Employment Tribunal or to the High Court depending upon which is the appropriate forum for complaint.

What can we do for you?

We have extensive experience in assisting companies in defending all manner of claims brought by former employees in both the Employment Tribunal and in the High Court. We can advise you initially on the merits of the claim, and draft the Notice of Appearance and Grounds of Resistance to present to the Employment Tribunal. We will also prepare for any subsequent hearing and where necessary, seek Orders from the Employment Tribunal, draft witness statements, and prepare all of the relevant documentation for use at the hearing.

You may also wish us to explore the possibility of settling a claim on a commercial basis and we are able to negotiate on the company’s behalf to settle a claim by way of a compromise agreement or by way of a COT3 agreement concluded through ACAS. We are also able to advise on whether it is appropriate for the company to be providing or withholding a reference and where necessary, assisting with the content of that reference.

Where an employee has left the company and has acted in breach of his/her post-employment obligations, we can advise you of the options available in seeking a remedy for that breach. This will include the possibility of bringing a claim for breach of contract against the individual or alternatively, seeking an injunction against the individual from working for a competitor, employing the services of a former work colleague or dealing with clients or suppliers as the case may be for the duration of the restricted period.

Synergy Employment Law