April 20, 2022

Why You Should Engage an Employment Law Specialist Early on in an Employment Tribunal

Written by Stuart Atherton
Employment Tribunal

Unfortunately, many people see a law firm as a resource to use only when you are in trouble.

However, in almost all situations (especially those relating to business matters) building a relationship with a specialist law firm enables you to call on them for advice when a potential problem first arises, not when you’re due to go to court.

Why do this?

Firstly, it is prudent to try and prevent legal problems in the first place, and a good lawyer will seek to protect your business by ensuring the correct legal documents are in place as well as the right policies and procedures.

If, however, you do face a summons, the sooner you contact a lawyer, the better, as we outline in the following case study.

Background

A local business had dismissed a member of staff who subsequently put in a claim for unfair dismissal and was given a date to have their case heard before an employment tribunal.

The date for the hearing was set for February 2022 and the employer was given notice in the April of 2021.

Unfortunately, the business didn’t commission the services of a law firm to represent them until the January of 2022 as James Lewis-Hyndman explains.

“We were not given much time to deal with the case, which dictated how we had to respond. If we had been told when the summons was issued, we could have tried several different ways to resolve the dispute without the need to go to tribunal, saving the business time and money.”

Legal Advice

With the date fast approaching, the Employment Law department at Peter Lynn and Partners sought the assistance of the Litigation department in order to represent the client at the first hearing.

“Our litigation team are one of the best in the region,” explained James, “and lead litigator Scott Tuppen did the advocacy at the first hearing.”

Scott argued that the dismissal procedure the company followed was incorrect, not the dismissal itself, a significant legal point, and one that drastically altered the trajectory of the case.

“The clients were very happy with the outcome of the first hearing,” said James, “and commented that it would have been so much different if they hadn’t contacted Peter Lynn and Partners.”

Outcome

With the initial verdict not going the way the claimant had expected, they accepted an offer to settle away from the tribunal.

This not only saved the business further tribunal fees, but they were able to put an end to the matter in a far quicker manner than if the tribunal had dragged on.

Lessons Learned.

It is vitally important that business owners seek legal advice as early as possible in cases such as this. Not only can it save time and money, but it can also lead to a better outcome for all concerned.

More importantly, it highlights the benefit of having a legal partner in place to help protect your business.

If the company in question had taken advantage of the Peter Lynn and Partners Guardian Scheme, they would have had the correct procedure to follow when dismissing staff and would have avoided the situation altogether.

For advice on this or any other business matter, please contact:

01792 450010

[email protected]

Peter Lynn and Partners,

Preventing Legal Problems.