Representation for businesses and individuals

There are often times where an employment dispute between an employee and an employer cannot be resolved and legal action is required. We provide robust representation to both businesses and individuals for cases that proceed to an employment tribunal. 

To find what we can do for you, contact us today.

For employers

If your business finds itself facing an employment dispute, it’s important to have an expert legal professional in your corner. With extensive advocacy experience, the Smith Partnership team is able to offer robust representation at employment tribunals and appeal court proceedings. Dealing with cases from start to finish, we take a proactive approach, leaving you to get on with your day job.

No matter the circumstances of the dispute, we provide practical legal advice throughout every stage of defending a claim, including:

  • Negotiating settlements through Acas
  • Interviewing witnesses and preparing settlements 
  • Preparation for hearing 
  • Representation for hearing  
  • Completing and submitting your response

We understand the impact tribunal claims can have on your everyday commercial activities as well as your business’s reputation, which is why we approach all defences promptly and strategically, ensuring your company’s best interests are protected at all times.

For individuals

Places of employment are supposed to be safe spaces in which you are able to develop your skill set, progress your career and earn a living. However, when things go wrong and you find yourself facing a dispute with an employer, this safety net can often be lost, causing stress and difficulty when returning to work or making your next career move.

The Smith Partnership team offer years of experience in supporting clients through every stage  of pursuing an employment tribunal claim, including:

  • Completing and submitting your claim (ET1) 
  • Negotiating settlement through Acas
  • Interviewing witnesses and preparing statements 
  • Preparation for hearing 
  • Representation at hearing

Our specialist employment tribunal solicitors get to know your individual circumstances and provide tailored legal advice that meets your needs and works towards achieving your desired outcome.

What can we help with?

Employment disputes can arise over a number of different issues. Common examples include: 

  • Bullying and harassment 
  • Constructive dismissal 
  • Discrimination  
  • Employment contract 
  • Flexible working 
  • Holiday pay 
  • Retirement 
  • Redundancy 
  • Settlement agreements 
  • Unfair dismissal 
  • Unlawful deduction of wages

It is also a requirement that there has been an attempt to settle the dispute through Acas’s early conciliation service before it can be heard at an employment tribunal, which our expert team can also assist you with.

Are there any time limits?

It is important to note that as a general rule, employment tribunal claims must be filed within three months of when your employment ended or from when the incident occurred.

How much will it cost?

From the initial assessment of the circumstances surrounding your claim, our team will offer an expert opinion on the likelihood of success for your claim or your defence, versus the cost of fees and awards that may be incurred. In providing this cost-benefit analysis, clients are able to make a fully-informed decision on how they would like to proceed.

Why choose us?

Drawing from our years of experience in employment tribunal representation, we are able to provide a bespoke approach to your case, ensuring the most effective settlement is reached in the most swift and cost-efficient way.

As a firm, we pride ourselves on providing straightforward advice, ensuring that any communications you receive from us will always be straight-talking and free of any unnecessary legal jargon. You can enjoy peace of mind knowing your position, available options and that your best interests are protected at every stage of the process.

From our offices in Derby, Burton Upon Trent, Leicester, Swadlincote and Stoke-on-Trent, our clients benefit from never being too far away from expert legal advice when they need it most. As well as accessibility, our solicitors are committed to offering an approachable and responsive service whereby we are always on hand to help.

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

Smith Partnership has an excellent employment team who are attentive and responsive to our business priorities and provide pragmatic advice.

- Client, HR and Employment

I have used James Johnson’s services via the Smith Partnership for over five years and I am happy to comment as follows. James is my first point of contact for any legal employment matters.  He deals with each issue with complete professionalism, patience and knowledge.  He always goes the extra mile to ensure that we fully understand the reasons and implications of any advice he offers. I would not hesitate to recommend James to any other fellow HR professional or employer.

- Client, Employment

We represent and advise employers and employees on all aspects of employment law. 

Our dedicated team of specialists have expertise and experience across all areas of employment law and HR, from drafting and advising on contracts and policies, dealing with disciplinary and grievance issues, advising on redundancies, to drafting and advising on exit packages under settlement agreements, and all other areas in between. 

Our extensive experience and in-depth practical knowledge of the processes and procedures required under employment law enable us to clearly advise and help clients navigate the complexities of employment legislation. 

Our aim at all times is to provide practical and pragmatic solutions for all of our clients.

- James Johnson, Partner & Head of Department

FAQs

If the employee has already been dismissed, you must ensure that they have been given a right to appeal that decision. The employee will then need to commence ACAS Early Conciliation to raise their claim before issuing employment tribunal proceedings. The ACAS Early Conciliation will give you advanced warning of the claim and enables you to decide whether to offer a resolution, such as a settlement payment.

You must ensure that you follow your own disciplinary procedure and the ACAS Code of Practice on Disciplinary and Grievance Procedures. This includes carrying out a separate investigation, inviting the employee to a disciplinary hearing, providing them in advance with details of the case against them, allowing the employee to state their own case and call witnesses or produce evidence, applying an appropriate sanction such as a disciplinary warning, and allowing the employee an opportunity of appeal against the decision taken. The employee also has the right to be accompanied by a work colleague or trade union official at disciplinary and grievance meetings.