Employment tribunal claims can be avoided
Thursday, 13th October 2011
Crombie Wilkinson Solicitors says that employees are often unaware of all the options available to them and that bringing an employment tribunal claim may not necessarily be their best option.
Neil Largan, Head of Dispute Resolution at Crombie Wilkinson says: “In some cases attempting to deal with a problem directly with your employer can be effective if done properly with the help of your solicitor. We can help you set out your case and protect your position. In some cases the best course of action might be to negotiate a settlement rather than bringing a tribunal claim.
“The option of a compromise agreement, which Crombie Wilkinson Solicitors can negotiate and advise on, is a potential outcome that avoids requiring the matter to be determined before an employment tribunal. This is a legal document which confirms the terms of the settlement you have agreed, in exchange for which you give up your legal claim against your employer.”
The Law Society says that considering all the options with your solicitor before taking action can help you find the best outcome of a dispute.
Law Society President John Wotton says: “If you are unable to agree how to settle a dispute with your employer it might be that bringing a claim before an employment tribunal has to be the next step.
"However, failure to use an employer’s own complaints procedures before taking the matter to tribunal can result in the tribunal reducing the amount of compensation you receive for not attempting to resolve the matter using the employer’s internal procedures.
"Your solicitor will be able to advise you on the options available and will also be able to highlight any time limits on when you can bring an employment tribunal claim.”
Annual tribunal statistics show that employment tribunal claims hit 281,100 in the year to 31 March 2011 and so claims will take time before they are determined by a an employment tribunal.
Neil Largan, Head of Dispute Resolution and specialist in employment law and workplace mediation, can be contacted at the Crombie Wilkinson Solicitors York office on 01904 624185.
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