Employment Law Solicitors

Whilst there is no statutory requirement to have written contracts in place, section 1 of the Employment Rights Act 1996 provides that an employer must provide certain written particulars of employment to employees whose employment lasts for at least one month. The written particulars must be provided within two months of the employee commencing employment.

If an employer fails to provide a statement of written particulars, provides an incomplete statement, or fails to notify the employee of a change in their terms of employment, the employee can apply to the Employment Tribunal for a determination as to what the terms of their employment were, or ought to have been.

If, during the course of Employment Tribunal proceedings, it becomes apparent that an employer has failed to provide an employee with written particulars of employment, the Tribunal can award two or four weeks' gross pay to the employee.

A settlement agreement is a legally binding agreement between an employer and an employee, where the employee accepts a sum of money in full and final settlement of any Tribunal or Court claims against the employer arising out of their employment or its termination. It is one of the only ways in which an employer can ensure that an employee will not bring a claim to the Employment Tribunal after their employment comes to an end.

There are various requirements that must be met in order for a settlement agreement to be legally binding. The agreement must be in writing, it must identify the employee's legal adviser (who must have a policy of professional indemnity insurance in place) and it must list the specific claims that the employee may have against the employer.

The employee must obtain independent legal advice in relation to the terms and effect of the settlement agreement in order for it to be legally binding. The employer will normally make a contribution to legal fees in this regard.

You should take legal advice as soon as possible. You will need to present a response to the relevant Employment Tribunal office within 28 days of the date on which you were sent a copy of the claim using an ET3 Form. Your response should include your full name, your address, whether you wish to resist the claim in whole or in part and if you wish to resist, on what grounds.

If your response is not submitted within the relevant time limit, or it does not include all of the required information, default judgment may be entered against you or you may be prevented from taking part in the proceedings.

Our aim is to provide cost-effective advice and manage the case to keep the cost incurred to a minimum. Generally speaking, you will be charged at an hourly rate for the work that we carry out on your behalf.

It is impossible to say at the outset of the case what it will cost to defend the claim, as all cases differ. However, we will give you the best estimate that we can and provide you with regular cost updates.

We understand that there is not only a financial cost to you in defending a claim; there is a cost to your business in terms of the time that it takes for you to deal with the claim (for example, if you are required to attend as a witness at the Tribunal). It may not always be in the interests of your business to defend a claim through to a final hearing. We will therefore discuss ways that you may be able to resolve the dispute more cost effectively, for example, by entering into settlement negotiations via ACAS.

As a general rule, in the Employment Tribunal, each party bears their own costs.

Costs orders will only be made (at the Tribunal's discretion) in very limited circumstances, where a party or their representative has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings or the way in which they have been conducted.

A costs order can also be made where a claim (or response) has no reasonable prospect of success, where a party has breached an Order or Practice Direction, or where it has become necessary for a hearing to be postponed or adjourned due to a party's actions.