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.
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:
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:
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.