Employment

Frequently Asked Questions

• Is our employee going to bring us to a Tribunal?

  Employers are often worried about the time and expense that might arise if an employee lodges a claim to the Industrial Tribunal and the Fair Employment Tribunal. If our assistance is sought at an early stage, it is often possible to takes steps that will reduce the chance of a tribunal claim being lodged or, if a tribunal claim is unavoidable, to take steps which will strengthen the employer’s defence.

• What is Early Conciliation?

  Early Conciliation is a process run by the Labour Relations Agency. It is designed to give employees and employers the chance to explore whether a dispute can be resolved without the need for tribunal proceedings. In most cases, an individual who wants to lodge a claim with the Industrial Tribunal or the Fair Employment Tribunal must first contact the Labour Relations Agency about Early Conciliation. If the employee indicates a willingness to enter into Early Conciliation, then the Labour Relations Agency will make contact with the employer. The employer can then decide whether it wants to take part in the process. If you would like more information about Early Conciliation, contact us and we will guide you through the process.

• What should I do if a Tribunal claim has already been lodged?

  It is essential that you take advice as soon as possible. For most Tribunal claims the employer has a limited period within which to lodge their Response Form. The Response Form is an important document. It sets out the employer’s position in relation to the allegations made by the employee. If an employer fails, without good reason, to lodge their Response Form by the relevant deadline, they may not be allowed to take part in the tribunal proceedings.

• What is a compromise agreement?

  Compromise agreements are used by employers to ensure that, with limited exceptions, employees who sign them cannot take any claims against the employer in the future and/or that any existing claims are settled. The employer will make a compensation payment to the employee and, in return, the employee will agree to give up her/his right to take claims against the employer. A compromise agreement may also include a mutual agreement to terminate the employee’s employment.

• When can an employer fairly dismiss an employee?

  There are several potentially fair reasons for dismissing an employee, including redundancy; misconduct; underperformance; and ill-health. It is sensible for employers to take legal advice before commencing any process that might lead to an employee being dismissed. There are various steps that an employer needs to comply with when dismissing an employee; and a failure to do so may render the dismissal unfair.

• What if our employee accuses us of discrimination?

  Individuals who allege that they have been treated unfairly will often think that they are entitled to pursue a discrimination claim (e.g. they allege that they have been subjected to bullying or harassment). However, an individual can only pursue a discrimination case if the alleged unfair treatment is on the grounds of one of the characteristics which are protected under discrimination legislation. The relevant characteristics are gender; pregnancy and maternity; marital status; civil partnership status; gender reassignment; religious belief; political opinion; age; race; disability; or sexual orientation. An organisation faced with an individual who is saying they have been ‘discriminated’ against should think carefully about whether the person is making a general allegation of unfair treatment (which is not something covered under discrimination law) or whether they are making a specific allegation of discrimination based on one of the protected grounds (which, if proven, will be covered under discrimination law).