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Employment Tribunal litigation as a means of dispute resolution is usually a waste of the employer’s and the employee’s time and money. Principally, this is because costs are generally not recoverable from the losing party and damages are (for the most part) capped.

The following are the key stages of a claim:

  • Taking initial instructions
  • Reviewing the papers
  • Advising you on merits and likely compensation (this is often re-visited throughout the matter and subject to change)
  • Entering into pre-claim conciliation, where this is mandatory, to explore whether a settlement can be reached
  • Preparing claim or response
  • Reviewing and advising on the claim
  • Reviewing and advising on the response from the other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss
  • Preparing for a Preliminary Hearing
  • Attending a Preliminary Hearing
  • Exchanging documents with the other party
  • Agreeing with the other party the bundle of documents to be presented at the Tribunal
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues and a chronology
  • Preparation for attendance at Final Hearing, including instructions to Counsel if appropriate
  • Attendance at Final Hearing, with Counsel if appropriate

The stages set out above are merely an indication of the process. There are factors that could make a case more complex.

Our experienced employment lawyers can deal with all of the above on behalf of employer and employee. It is advisable to contact us as early in the proceedings as possible in order to potentially reach a resolution and save the costs in the long term.

Please contact Caroline Batko at cab@wdavies.com should you wish to discuss your individual or business situation.

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