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Bridge HR articles

15 Nov It pays to take good advice: another successful outcome for our client

Our team were instructed to act for a client with sites across the UK, who required us to defend them at the employment tribunal – this is not unusual at all.

However, the client had previously tried to deal with the matter themselves and in doing so had missed crucial legal points that were proven to be to their benefit.

The Claimant had lodged a claim against our client, citing various claims of unfair dismissal, discrimination and victimisation.

It pays to take good advice another successful outcome for our client

Once we were instructed, on behalf of our Client we lodged a robust response defending the claims and, within that response, we outlined legal jurisdictional issues to the Tribunal i.e., the fact that the claims had been incorrectly lodged in the following ways:

  • lodged without corresponding ACAS certification;
  • lodged outside the limitation periods; and
  • in some respects, lodged in a way that appeared legally misconceived i.e. the facts did not support the basis for the legal claim.

We also went on to underline that it would be unjust and inequitable for the Claimant to be permitted an extension of time to pursue their claims in such circumstances, thus, the claims should not proceed.

If the claims were permitted to proceed, it would have resulted in considerable time and costs to our client.

The claim progressed to a preliminary hearing, listed to hear our submissions that the case should not be able to proceed. We attended and made the submissions for our client.

We are pleased to say that the Tribunal agreed with our client’s position, dismissing all of the claims meaning they would not progress any further.

Our client, therefore, has the peace of mind that:

  • the Claimant can no longer pursue their claims against our client;
  • nor will they have any adverse public judgment against them; and
  • nor will they have to spend any more time, money or energy on defending the claims.

It does pay to get good advice. We are often able to make a real difference to you and your business using the law to your advantage to save time and costs, which employers often incur on claims both with and without merit.

Posted by Lee Stephens

Lee Stephens heads up the team with the help of his co-Directors, Lee has practiced as a specialist employment Solicitor for almost 20 years now, formerly as a Partner with a leading UK law firm Lee Stephens advises SME’s to PLCs and he has a wealth of experience in successfully helping businesses with all aspects of employment law from the day to day to complex reorganizations, TUPE, senior executive removals and disputes through to Tribunal too. KEY AREAS OF WORK Lee has significant experience on:- Post termination and confidentiality breaches and injunctive relief work TUPE transfers and consultations; Senior executive disputes and removals Re-organizations and restructures in various sectors from healthcare, manufacturing to independent schools Agency and self-employed contracts and related claims Employment Tribunal defence and claims Lee has spoken on invitation on various aspects of employment law for various groups across the UK. Using his knowledge and experience Lee solves problems for clients and provides excellent service too. Lee also undertakes his own advocacy and delivers management training workshops and he has particular experience working with clients within the Private School, Veterinary, Care, Recruitment and Production, Logistics & Manufacturing sectors.

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