Employment Tribunal Defence

Representing employers against claims brought at the Employment Tribunal including unfair dismissal, discrimination and breach of contract.

Case study

The team represented a business in defending various complex claims brought against them for automatic unfair dismissal based on pregnancy and discrimination based on pregnancy.  By submitting a robust defence (known as an ET3) which set to clarify the issues raised in the claim (known as the ET1) and rebut them strongly, we were able to secure an order for the Claimant to provide further and better particulars of her claim.  The Claimant was not represented which can prove problematic due to Judges being more Claimant friendly, and the Claimant’s lack of understanding of the legal basis of their claim.  The matter remained unclear even after the production of further and better particulars, so the team made an application for a preliminary hearing to be held in order to clarify the issues and made an application to strike out the Claimant’s claim due to having no/little prospects of success.  We represented our client at the Preliminary Hearing in front of an Employment Judge, and we were successful in convincing the Judge that the claim has extremely limited prospects of success, and the matter was struck out in its entirety.  This was a fantastic result for our client who had some evidential difficulties with defending the claim had it gone to a full hearing, and of course their legal spend was limited due to us achieving a strike out at an early stage in proceedings.