Employment tribunal litigation

Ed has significant experience advising individuals in respect of their employment rights. Ed has been involved in running employment tribunal cases on behalf of a number of employees who have been removed from their roles in breach of their UK labour rights.

We will liaise with ACAS throughout and often achieve a settlement which is favourable to the employee. Whilst we advise on all types of employment tribunal claims; the most common claims are:

Breach of contract and unfair dismissal

We will review the employment contract and advise whether or not the contract has been breached. We will also review the legislation to determine if a claim for unfair dismissal or constructive unfair dismissal has prospects of success.

We will always consider the process which has been adopted by the former employer and consider the advice given by the Human Resources team at the time the dismissal was made, in particular we will look at the procedure adopted as an unfair dismissal can be found as a result of a procedural breach only.

If an employee has left employment following their resignation, we will carefully consider the letter of resignation. In doing so we will determine if there is clearly a conflict between the employer and the employee at the point the employee resigns as this can result in a claim for unfair constructive dismissal.

Discrimination and equality 

Whilst the majority of claims involve some kind of dismissal or resignation, there is very often an alleged breach of the Equality Act 2010 as well. A breach of the Equality Act can involve issues of disability discrimination (either physical disability or hidden/ nuerodiveristy), racial discrimination, age discrimination or sex discrimination (including protection for all genders and gender-reassignment).

If an Equality Act 2010 breach is successful, this will impact upon the overall value of an employment tribunal claim. Compensation for unfair dismissal is subject to statutory caps, whereas compensation for breaches of the Equality Act 2010 is unlimited.

The Equality Act 2010 also protects employees from being subjected to sexual harassment. This can be intentional sexual harassment or unintentional.

Equal pay for equal work is something that we have advised clients on for some time. This is a complex area which involves a careful assessment of the facts and the contributions made by various employees. This is a claim which is often brought during employment and this can cause conflict. We are by the side of those we act for to make sure that they have someone in their corner.

Fees

Tribunal litigation is expensive and we have a lot of experience dealing with employment tribunal claims which are backed by legal expenses insurance companies. If you are paying privately, we will ensure that a cost benefit analysis is undertaken.

More details of our fees can be found here https://gunnercooke.com/employment-tribunal-individuals-fee-structure/