The UK offers several Government Authorised Exchange Visa visas for overseas workers. These visa routes aim to bring employees on a short-term or long-term basis to their UK branches. The aim of these visa routes is to simplify the process of hiring talent from outside the UK.
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If an employee brings a claim against you, you will receive an ET1 form and particulars of claim. You will need to respond to this no later than 28 days from receipt. To respond to an ET1 form you must file an ET3 form and grounds of response.
The ET3 form needs to contain basic details such as your company number and registered address as well as contact details so the Tribunal and the Claimant’s legal representatives can contact you about the case. The grounds of response should address each point raised in the particulars of claim. It should agree with points your company believes to be correct and deny or require points to be put to proof if you are contesting them. This allows the parties to narrow down the dispute. If you deny any point, you must provide your own version of events.
When the tribunal provides you with a hearing date, they will also give you a set of key deadlines to meet. These deadlines will be important milestones in preparing for the case such as deadlines to provide witness statements and evidence to the Tribunal. You will need to meet all these deadlines to ensure you have the best chance of success at the hearing.
You do not need a barrister for an Employment Tribunal Hearing, you could represent yourself if you chose. It is best practice to hire a barrister for representation to ensure that your claim has the strongest chance of success.
A Solicitor will help you prepare all documents for the Employment Tribunal Hearing such as evidence, witness statements and expert reports. Solicitors can also advise you on early settlement and help you in negotiating reasonable offers to settle the claim.
You can settle the case at any time to bring the claim to an early settlement. A solicitor can advise you on what is a reasonable offer of settlement.
The length of the hearing will depend on the nature and complexity of the Employment Tribunal claim. Hearings can last from half a day up to several weeks for the most severe complicated cases.
Unlike litigation in the Civil Courts, the Employment Tribunal does not always require the unsuccessful party to pay the successful party’s costs. However, the Tribunal does have the power to make a costs order against you if they feel you have acted unfairly or unreasonably during proceedings.
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