Employment Litigators for Employers

What Is Employment Litigation?

Litigation is a mechanism aimed at solving disputes at a tribunal or court level. These litigations are oftentimes propelled by claims that employees raise against their employers. Only in a few instances are they instigated by employers.

An employment litigation process stems from irreconcilable disagreements between the intervening parties in a contract of employment (or related areas) that warrant the involvement of an authoritative third party, the latter of whom would favour one or the other, either partially or wholly.

Employment disputes could be detrimental to your business in light of all the time and money you must dedicate to them at the expense of your company’s main interests. It is crucial that they are solved as soon as possible. If you are currently dealing with an employment dispute or litigation, we can help; call us today on 03334149244 for immediate assistance.

Which Employment Law Disputes Could Give Rise to Litigation?

The majority of employment disputes are closely associated with topics such as disability discrimination, unfair dismissal, health and safety violations, or breach of contract terms, among many others.

Other subjects that could trigger an employment litigation procedure include:

• Whistleblowing protection
• Employment compensation
• Personal injury
• Other types of discrimination in the workplace
• Restrictive covenants breach (particularly in the case of senior executives or directors)

Collective Action (Group Litigation)

Furthermore, a litigation process could originate from claims made by a group of people affected by a management decision, bullying, harassment, unfair treatment, or wage-related problems.

Dispute Resolutions vs. Litigation

Litigation is a form of dispute resolution, but it’s not the only means of dispute resolution available.

Litigation is carried out in the presence of a judge or a collegial judicial body. On the flip side, alternative ways to resolve disputes – including arbitration, conciliation, or mediation – may not require the input of a judge.

When deciding between one or another method, claimants must evaluate which one may deliver the best outcome for them. There is a general preference for alternative mechanisms, but litigation itself could provide the most desirable results in many scenarios.

Advantages of Moving On With a Litigation Process

A litigation process taken to its ultimate consequences can provide the following benefits:

• When immersed in tribunal or court dealings, you are guaranteed to obtain a resolution or injunctive relief that’s binding on all involved parties, and that could be brought up before third parties to boot.
• Your case can establish a legal precedent in case law, which may help you in similar future litigations.
• Alternative dispute resolution (ADR) routes are confidential most of the time. Court or tribunal decisions remain on public record, which saves you from any claims resulting from leaks, rumours, or inaccurate information.

Disadvantages of a Litigation Process

Among the disadvantages of a litigation process, we could mention the following:

• You’re bound to resolve the dispute in court once a claim is admitted, with all the formalities that must be followed afterwards. ADR methods, conversely, are more flexible and informal.
• Court proceedings normally take a very long time, making you vulnerable to extra emotional stress and onerous expenses.
• Litigation entails severe damage to the working relationship and could backlash on workforce morale as a whole.

Civil Court or Employment Tribunal?

Most employment claims are presented before employment tribunals, which typically have a more pragmatic approach when conducting judicial procedures. Claimants (employees exclusively) will not have to pay any fees for employment tribunal claims.

On the other hand, a civil court, whether it’s a county or high court, hears claims involving heftier sums of money (in cases where employees expect to be awarded more than £25,000 on account of a contract breach). The procedure also tends to be far more stringent.

Ordinarily, court judges will arrange a Case Management Conference with the legal representatives on each side so that all the parties are aware of the issues being discussed and the way the process will be carried out.

Can Employers Initiate a Litigation Process?

You’ll be able to pursue a litigation process and injunctive relief before a civil court against senior executives who breach enforceable restrictive covenants (as in, those formulated out of genuine business concerns).

Claims can range from the unauthorised disclosure of trade secrets and leakage of confidential information to unfair employee competition. You would have to pay a fee, however, which is eventually payable by the loser after a decision has been reached.

Employment litigators on behalf of the employer can likewise seek springboard injunctions, consisting of court orders that prevent former seniors from making ill use of the former employer’s confidential information.

What Alternative Dispute Resolution (ADR) Methods Can I Use?

Many disputes could be resolved via internal grievance or whistleblowing procedures. However, you could opt for other forms of alternative dispute resolution, such as conciliation, arbitration, mediation, or settlement agreements.

ADR through Acas

Acas stands for Advisory, Conciliation, and Arbitration Service. It’s a public body that’s sponsored by the Department for Business, Energy & Industrial Strategy. It offers a wide array of ADR methods bent on improving working relationships and helping the parties elude tedious tribunal or court undertakings.

For the record, employees who wish to file an employment tribunal claim necessarily have to inform Acas, who will then offer the claimant an early conciliation procedure. This mechanism has the function of preventing clogs in the UK judicial system.

Private Mediation with a Neutral Third Party

An impartial third-party mediator is a great aid for disputes that may be conceivably resolved without resorting to official arbitration/conciliation bodies (such as Acas or a tribunal). Mediation is, at its core, a non-binding process – as opposed to arbitration – in which the mediator serves as a bridge to ease communication and understanding between the conflicting parties.

Settlement Agreements

Settlement agreements are great ways to solve conflicts with employees without the intervention of any third parties whatsoever. The agreement reached has the effect of a contract of employment specifically for the matter under discussion, provided that it’s laid out in writing.

We Can Help You

Under regular circumstances, employers are better off settling or solving disputes outside the confines of the justice system. Our employment team at IAS Law always recommends that you attempt to reach an agreement via an extrajudicial procedure. Nevertheless, we’re always ready to tackle legal actions when there is no possible amicable resolution on the horizon.

How We Help

Our legal professionals are experts in:

• devising internal procedures for internal dispute resolution;
• training HR teams and managers to ensure their compliance with employment law throughout disputes;
• seeking alternative resolution through Acas or other third parties;
• negotiating and drafting settlement agreements;
• preparing your defence in the face of prospective litigation; and
• accompanying and representing you in all your court/tribunal dealings.

For further information, don’t hesitate to contact our firm by calling 03334149244. Our staff is always ready to answer your queries.