Areas of Expertise
Employment - Tribunals and Courts
We offer excellent credentials in managing the full range of employment disputes including:
• unfair dismissal
• constructive dismissal
• breach of contract
• enforcement of restrictive covenants.
We understand the impact that disputes have on a business in terms of Management time and cost. On receipt of any claim we will assess the merits and provide an honest assessment on potential liability and quantum as well as the estimated cost of each stage as the matter proceeds, including the estimated cost to full hearing.
The team recognises that the best way to reach a successful resolution is not always found at a full hearing and regularly produces innovative solutions for managing and resolving workplace conflict. Critically, the team looks to work with HR professionals/Managers to identify the risks and gains, ensuring they are understood and managed properly.
We have advised and represented clients at Employment Tribunals and Courts throughout the Home Counties and in Birmingham, Bristol, Cardiff, Dundee, Edinburgh, Exeter, Glasgow, Hull, Inverness, Leicester, Liverpool, Manchester, Newcastle upon Tyne, Nottingham, Sheffield, Shrewsbury and Southampton.
At the conclusion of a dispute we find it equally important to debrief the client on how the dispute arose and how it could have been avoided, and where appropriate, we can provide relevant training. This is intended to be an honest assessment of the matter on a “no fault” basis, with a view to preventing a similar situation from arising in the future.
Recent instructions include:
• Successful defence of an unfair dismissal claim by two sub-contractors (registered under the Construction Industry Scheme CIS4 registration card and CIS6 Tax certificate respectively) of one of the UK’s leading specialist sub-contractors within the drywall and interior finishing market operating within the commercial, public and residential sectors. The defence included complex and comprehensive legal arguments on employment status; claims withdrawn.
• Successful defence of an equal pay claim brought against a National Parking Contractor which was struck out by the Tribunal at pre-hearing review on grounds that it had no reasonable prospect of success. Successful application for costs against the Claimant in the sum of £3,000.
• Successful defence of a class action brought against a listed UK business concerning collective redundancies, protective awards and the meaning of ‘establishment’. The team was involved from the very beginning of the collective redundancy programme to the Tribunal hearing some 18 months later.
• Successful defence of a fraudulent sex discrimination claim, where the analysis of the client’s telephone records established a link between the Applicant, her representative and a key witness indicating fraud, claim withdrawn.
• Successful settlement of a claim made by 1,585 employees of a leading global information technology company. The claim was union sponsored and arose out of a TUPE transfer and involved the review of contracts and the general disclosure of documents involving all 1,585 Applicants.