Navigating employment law tribunals can be challenging for employers. Understanding your rights as an employer is essential for preparing a strong defence and ensuring a fair hearing. This guide provides an overview of employer rights in UK employment tribunals and offers practical advice for effectively exercising these rights. 

Understanding Employer Rights 

1. Right to a Fair Hearing: Employers have the right to a fair and impartial hearing. This includes the right to present evidence, call witnesses, and cross-examine the claimant’s witnesses. 

2. Right to Legal Representation: Employers can be represented by a solicitor or barrister during the tribunal. Legal representation can help navigate the complexities of the tribunal process and ensure that your case is presented effectively. 

3. Right to Respond to Claims: Upon receiving a claim, employers have the right to respond within the specified time frame, typically 28 days. This involves submitting an ET3 form outlining your defence. 

4. Right to Access Evidence: Employers have the right to access all evidence submitted by the claimant. This includes documents, witness statements, and any other materials that will be presented at the tribunal. 

5. Right to Confidentiality: Sensitive information disclosed during the tribunal process is generally kept confidential. However, tribunal hearings are public unless specific arrangements are made to protect confidentiality. 

Preparing for the Tribunal Hearing 

1. Gather Evidence: Collect all relevant documents, including employment contracts, emails, appraisals and performance reviews, and records of grievances or disciplinary actions. Organise this evidence chronologically to support your defence. 

2. Prepare Witnesses: Identify and prepare witnesses who can support your case. Ensure they understand the process and are comfortable presenting their testimony. 

3. Legal Advice: Seek legal advice early in the process. An employment law solicitor can help you understand your rights, prepare your defence, and represent you during the tribunal. 

During the Tribunal Hearing 

1. Presenting Your Case: 

• Opening Statement: Your solicitor or barrister will present an opening statement summarising your defence. 
• Evidence Presentation: Make reference to all relevant documents and evidence which have been disclosed in preparation for the tribunal hearing. Ensure your evidence is well-organised and clearly supports your case. 
• Witness Testimony: Call witnesses to provide testimony. Ensure they are prepared for cross-examination by the claimant and/or his/her solicitor. 

2. Cross-Examination: You have the right to cross-examine the claimant and their witnesses. This can help identify inconsistencies or weaknesses in their testimony. 

3. Closing Statement: Your solicitor or barrister will present a closing statement summarising the key points of your defence and why the tribunal should rule in your favour. 

Post-Tribunal Hearing Actions 

1. Reviewing the Decision: Carefully review the tribunal’s decision with your solicitor. Understand the implications and any required actions on your part. 

2. Complying with Orders: If the tribunal rules against you, comply promptly with any orders, such as compensation or changes to workplace practices. A delay or late compliance in paying compensation may result in additional sums having to be paid. 

3. Considering an Appeal: If you believe there was an error in law or procedure, discuss the possibility of an appeal (or an application for reconsideration) with your solicitor. Appeals must be filed within a specific time frame and on valid legal grounds. 

Best Practices for Employers 

1. Regular Training: Provide regular training for managers and employees on workplace policies, including discrimination, harassment prevention, and health and safety. Training helps ensure everyone understands their rights and responsibilities. 

2. Clear Policies and Procedures: Implement clear, comprehensive workplace policies. Ensure all employees are aware of these policies and understand how to follow them. 

3. Open Communication: Foster an open and supportive work environment where employees feel comfortable raising concerns. Address issues promptly to prevent them from escalating. 

4. Thorough Documentation: Maintain accurate records of all employee interactions, including performance reviews, disciplinary actions, and any complaints or grievances. Proper documentation can provide critical evidence if a claim is brought against you. 

Conclusion 

Understanding and exercising your rights as an employer in employment tribunals is essential for ensuring a fair hearing and effectively defending against claims. By preparing thoroughly, seeking legal advice, and maintaining fair workplace practices, employers can navigate the tribunal process with confidence and reduce the risk of unfavourable outcomes. 

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

24.06.24