Employment Tribunal Claim – The Questions You Should Ask Before Starting Your Claim.
In my many years as an employment law solicitor in Lincoln, I have helped thousands of clients litigate their Employment Tribunal claim. I am always concerned to give my clients as much information as possible, so they can make an informed decision when they are considering whether to start the Employment Tribunal process. Before my clients commit their time (and sometimes money) to their Employment Tribunal claim, I encourage them to have a full and proper assessment of their matter.
I have always thought that assessing the prospects of success and value of the claim at the earliest possible stage is sensible. At a minimum your solicitor should be able to tell you whether you’re likely to win and, if so, what the likely award will be. How else can you decide whether to proceed? Employment Tribunal litigation should not be embarked upon lightly.
Obviously, I would prefer anyone thinking about an Employment Tribunal claim to take legal advice. Even more obviously, I would like them to contact me at LincsLaw! However, if you have decided to instruct a different representative or represent yourself, I set out below some guidance about issues you should consider and questions you should ask before submitting your Employment Tribunal claim:-
Are there any jurisdictional issues?
Most unfair dismissal claims require you to have worked for your employer for two years before you can bring such a claim. There are exceptions, but you need to be clear why the two year rule would not apply to you. Claims for discrimination have no qualifying period of employment.
Also, most claims have time limits of three months from the date of the act or dismissal complained about. If you have started the ACAS Early Conciliation procedure within the time limit, that period can be extended. However, it is important to ensure you are not going to have difficulties because your claim is out of time. If your claim is an exception to the usual time limits, you will need to explain how and why.
What are your chances of winning your Employment Tribunal claim?
You need to be realistic about your prospects. Your solicitor should be able to help you by discussing the particular aspects of your claim and what you will have to evidence and prove in order to be successful. Different claims have different legal tests and being pragmatic about what evidence you do and do not have will help you to focus your attention on those Employment Tribunal claims you have the best chance of winning.
How much is your Employment Tribunal claim worth?
There are a number of considerations to take into account when assessing the value of an Employment Tribunal claim. Your solicitor should be able to provide you with an indication as to your likely award. Whilst I appreciate compensation may not be the driver to start Employment Tribunal proceedings, an assessment of an award at the earliest possible stage allows you to make an informed decision.
If you are considering a claim against your employer, please call me for a free, no obligation, telephone consultation on 01522 440512. Alternatively, for more information about what we do at LincsLaw solicitors, please visit our website at www.lincslaw.co.uk
Specialist Employment Law Solicitor
LincsLaw Solicitors, Lincoln
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