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Employment Law Farleys Solicitors LLP
Employment Law Farleys Solicitors LLP

Employment Tribunal Solicitors Burnley

Employment Tribunal Advice & Support From Farleys Solicitors in Burnley

If you’re a current or recently dismissed employee involved in a dispute with your employer, you may be wondering whether to make a claim to an Employment Tribunal.

It’s worth bearing in mind that this option should not be employed as a first resort, and should only be pursued once all other means of resolution (such as Early Conciliation) have already been exhausted. This also applies to grievances or disciplinary issues.

Employment Tribunals are legally binding, so any decisions they make are enforceable by law. Therefore before you take the next step with Early Conciliation or an Employment Tribunal, we’d always advise consulting with a qualified employment law solicitor.

Our specialist solicitors here at Farleys LLP have a wealth of in-depth expertise around cases involving unfair dismissal, discrimination, unfair deductions from pay, breach of contract, failure to consult employee prior to redundancy, and issues regarding equal pay.

This enables us to advise our clients at every stage of the process, as well as provide expert representation when your case is brought before the Tribunal. If you’d like more information, or to have a direct conversation with one of our experienced, friendly employment law solicitors, feel free to give us a call on 01282 798664, or email us on info@farleys.com. We’re here to help!

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What is an Employment Tribunal?

An Employment Tribunal is an independent judicial body with the power to pass judgement on disputes over employment rights. While an Employment Tribunal is not regarded to be as formal as a court, its decisions are legally binding. This is the main reason why an Employment Tribunal should only be regarded as a last resort, to be pursued only once all other resolution methods have been unsuccessful.

What claims do Employment Tribunals cover?

Employment Tribunals make judgements on a variety of claims, including:

  • Unfair dismissal
  • Constructive dismissal
  • Failure to consult an employee prior to making him or her redundant
  • Breach of contract
  • Issues regarding equal pay
  • Discrimination relating to race, age, sex, sexual orientation, religious belief, or physical or mental disability
  • Failure to follow correct procedure during the disciplinary or grievance process

Are there any fair reasons for dismissal?

Yes. Generally, there are considered to be around five main scenarios which constitute a fair reason for dismissal. During an Employment Tribunal, for the dismissal to be considered fair employers must only prove that it was one or more of the following:

  • Due to an employee’s conduct or misconduct
  • Due to an employee’s capability, capacity, performance or qualifications
  • Due to a redundancy within the business
  • Due to a Statutory Duty or restriction probating the employment being continued
  • Due to Some Other Substantial Reason (SOSR) which can justify the dismissal

If you are preparing to submit an application for an Employment Tribunal, it’s strongly advisable to keep a record of all relevant communications between you and your employer – such as phone conversations, texts, emails and any other form of written or verbal communication you may have exchanged.

How long will an Employment Tribunal take?

It’s frequently difficult to put an accurate predetermined timescale on a typical Employment Tribunal, as it can vary significantly depending on the specifics of each case. However, they are known to take up to 12 months. Once our employment law specialists have gathered all the pertinent details of your case, we’ll give you a more specific estimated timescale as soon as we can.

Is there a time limit on when I can submit an Employment Tribunal claim?

Yes. Employment Tribunals generally require claimants to make an applications within 3 months of the date that their employment ended, or within 3 months of the date of the incident concerned. Occasionally, some applications may be accepted outside this timeframe but only in exceptional circumstances.

Here at Farleys Solicitors LLP, one of our qualified solicitors will be able to listen to all the details of your claim, and advise you on the likelihood that it will be accepted.

Who’s involved in an Employment Tribunal?

A typical Employment Tribunal generally involves the following parties:

  • The judge – who will hear the case and make a decision based on facts
  • The claimant – the party bringing the case before the Tribunal
  • The respondent – usually the employer, or a representative of the employer
  • The witness/s – anyone who may be called upon to give evidence
  • The lawyer or solicitor – who may present the case either for the respondent or the claimant

In certain cases, some additional non-judicial tribunal members may sit in and evaluate proceedings too.

Do I need a solicitor at my Employment Tribunal?

The potentially long timescales and legal intricacies involved in the average Employment Tribunal means we’d strongly advise you to begin any claim by employing a specialist solicitor during the Early Conciliation process. This can make matters easier and more straightforward for you, while ensuring that your interests are consistently well represented – and increases the chance of your claim being successful if it proceeds to an Employment Tribunal.

Guide to Employment Tribunals

Certain aspects of Employment Tribunals can be initially difficult to get a full grasp on without in-depth specialist knowledge, so our employment team here at Farleys have produced a helpful guide which you may find useful if you’re considering a submission to an Employment Tribunal. It breaks down the key steps involved, and gives useful explainers of some of the most pertinent legal terminology. Fill in your details below to get your FREE copy!

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Contact an Employment Tribunal Specialist in Burnley

Farleys Solicitors LLP is a friendly, trusted, and straight-talking local firm with over 50 years of experience in serving clients in Burnley and across the North West. Our solicitors draw upon a wealth of knowledge and industry-specific expertise in order to answer all of your most pressing questions regarding Employment Tribunals for employees.

At Farleys Solicitors, we know that each Employment Tribunal case is unique. That’s why, in addition to advising you on the best course of action, we also tailor our services to meet your specific needs, situation, and the circumstances of your case.

If you need to speak with one of our specialist solicitors about any of our services, feel free to give us a call on 0845 050 1958, contact us using the online chat feature on our website, or email us on info@farleys.com. We’re here to help!

Contact a Employment Defence Solicitors in Burnley

For further information or a free initial consultation contact our employment tribunal solicitors Burnley on01282 798664. Alternatively please complete an online enquiry form

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