Opinion

Focus On: Employment Tribunal Litigation and Advocacy Focus

27th August 2019

Focus On: Employment Tribunal Litigation and Advocacy Focus

Employers are increasingly facing litigation brought by employees and workers. Employment Tribunal statistics from October to December 2018 show that the volume of single claims rose by 23% this quarter.

With the abolition of Employment Tribunal fees, there is every incentive for employees and workers to issue proceedings. Employers will find themselves engaged in a complex procedure, likely to incur unnecessary costs, with a diversion of management time and resources, as well as facing the risk of liability for damages.

At Higgs & Sons, we have the insight and expertise to guide you through the litigation process, to achieve a commercially focussed and cost effective outcome.

Our clients tell us that they appreciate our 'knowledgeable and thorough advice’ and our ‘excellent combination of commerciality and business acumen'.

We also understand the threat litigation can pose to reputation, client relationships, compliance with professional regulations. We can help you manage these concerns.

Unlike some of our competitors, all of our team are legally qualified solicitors, with the knowledge and experience to advise you on the merits of your defence and the best legal and procedural strategy to adopt.

We can assist and advise at an early stage on any ACAS Early Conciliation and valuation of claims. We can help you consider the tactical benefits of either settling at an early stage, rehearsing counter-arguments and counter-offers, or the benefits and risks of declining to participate altogether.

If formal litigation is then issued, we can provide detailed case analysis of your matter at an early stage, to set out a road map of different options, their respective benefits and drawbacks and likely costs. This analysis will be updated throughout proceedings.

We can draft all necessary documentation to promote your defence and to protect your best interests in future.

The team also regularly undertake their own advocacy and preliminary and final hearings. We find that this ensures continuity of service delivery. However, sometimes it may be more cost-effective or tactically beneficial to instruct a barrister to attend and conduct final hearings. We are primarily motivated to use the best and most cost effective option for you.

If you believe you are likely to face employment tribunal proceedings, are in Early Conciliation, or have received an ET1, you will need our help. Contact the Higgs & Sons Employment Team for your litigation support needs.

 

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