November 11, 2015

Thousands of pounds saved in Employment Tribunal Case

We recently helped a small organisation through a difficult process after an ex-employee brought a number of claims, which could have cost thousands in compensation.

This was the first Employment Tribunal claim the business had received in 20 years of trading, so they were understandably unsure what to expect and as a result and were concerned and extremely nervous.

As a small business in a close-knit industry, it was concerning for them because a negative result would likely have had a negative impact on their reputation.

The claims against the business included: Constructive Unfair Dismissal, Notice Pay and Holiday Pay.

Preparation

Throughout the preparation of the case, we supported the organisation in all aspects, including:

• Case management to preparatory steps

• Employment Tribunal procedure

• What to expect at the hearing

Hearing

The claim was heard during the early part of 2015 and the defence was supported by five employee witnesses. Each witness was understandably nervous and Moorepay gave them a lot of encouragement and assistance throughout the trial.

Thanks to the preparation work Moorepay provided, each witness held up very well to what was, at times, a robust cross-examination from the Claimant’s barrister.

It really helped the witnesses to understand how the Employment Tribunal hearing process worked and they found the hearing process much less stressful, since they had all thoroughly prepared for the hearing, something Moorepay had urged them to do.

Outcome

The Employment Tribunal Judge needed to take time after the hearing to issue their judgement, since there was insufficient time to do so on the day.

At the end of the hearing, the business was relieved that the hearing was over, but at the same time nervous, as they did not know what the result would be.  Moorepay provided its witnesses with post hearing reassurances and compliments for their contribution after what was a very trying day.

Sometime after the hearing, Moorepay received the Employment Tribunal’s reserved judgment and the client’s business was successful in defending the claims from the employee – the client business was naturally delighted!

Feedback

“…your advocate….was truly outstanding in every aspect,” the client said. “He not only provided great expertise and advice but he became like a knowledgeable extended member of our team.  We all live in a busy world and tend to only take ‘pen to paper’ when we either want something or are unhappy but I feel in this scenario a BIG thank you was well and truly deserved.”

Summary

This is a great example of a small business with no experience of the Employment Tribunal process with most of their witnesses having never given evidence before in any court.

What the business found helpful was being kept updated of matters throughout the case’s journey to its hearing.

It was also helpful that relevant documents were to hand, such as contracts of employment and internal policies which Moorepay had previously helped to develop and deploy into the business’s staff members.

From a financial point of view, the Moorepay client in this case was covered by the legal expenses insurance policy which Moorepay provide via their independent FCA Regulated insurer.  Thanks to that insurance policy and the Moorepay Employment Law team, against a monthly insurance fee of less than £40 a month, the client saved themselves over £8,000 in legal costs and over £18,000 in terms of a potential Employment Tribunal award.

Overall, both Moorepay and the organisation were thrilled with the results!

Want a round-up of stories like this delivered to your inbox?

About the author

Andrew Weir

Andrew has a wealth of experience in advising and representing clients of all shapes and sizes in a range of Employment Law topics from unfair dismissal through to all forms of discrimination and the complexities of TUPE. Andrew heads up our Advice Line and Advocacy teams who provide Employment Law advice to our clients 24 hours a day, 365 days a year and support our clients in presenting defences at Employment Tribunals throughout the UK & Ireland.