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Employment tribunal support – the same expert from start to finish.
My name is Neil Atkinson and I set up Deminos in 2007 because I was not happy with any of the employment law support I could find in the UK.
Read on and I will explain why I think Deminos are very different to solicitors and other providers.
For a start, you will be dealing with just one expert who will advise on your case. Their first job is to prepare and submit the ET3 response which has to be sent to the tribunal within 28 days. But it is that same expert who will be the one representing you at tribunal.
Now, compare that to a solicitor who uses a junior to do all the legwork and then hires a barrister at the eleventh hour to put your case in tribunal.
They won’t have much time to understand the case. They won’t even know who your witnesses are (until they meet them in the waiting room). They just won’t have any detail, and it is those nuances that can make all the difference.
Preparation is all
So we take a different approach. We will spend time with your witnesses getting to know them and getting to the bottom of what happened.
Your expert will get to know where your case is strong and where it is not.
They will see who is going to make a good witness and who will be best to make the key points.
Finally they will take the time to demystify the whole tribunal process and so make sure that each witness is fully prepared.
A very different approach to the average solicitor.
Our tribunal experts combine this level of detail and understanding with their excellent knowledge of employment legislation and tribunal procedures to make your best possible case – in person.
Take control of tribunals.
Most tribunals settle early, and that can often be the cheapest option. If that is what you want to do then we can quickly negotiate, settle and keep your costs low.
But sometimes that is not the best option for your business – it may send completely the wrong message to other employees. Sometimes you have to fight the case to prove a point.
Either way, with Deminos the choice is yours to make.
You may be getting bland advice, with a distinctly risk-averse approach. Perhaps you have an insurance company that wants to settle every time when you want to fight a case.
Use us and you regain control. What our clients say: "For most companies Employment Tribunals are mercifully rare events. A Chief Executive needs to be confident that all processes have been properly followed, all detail duly corralled and all relevant parties properly briefed. When Quidem faced the prospect of an ET in April 2011, the quality of the Deminos service on the processes, advice, preparatory work and submission to the Tribunal were so thorough that the complaining party withdrew their claim against us. I was confident the case had no foundation – but that is because I had followed the Deminos advice each step of the way. I have no hesitation in recommending Deminos to other businesses. Steve Orchard. Chief Executive, Quidem Ltd."
So why should you chose Deminos? In summary:
• We use our expert knowledge of employment law to build the best case.
• We ‘get under the bonnet’ and gather the detail of your case.
• We work to bring out the best from your witnesses.
• One expert from start to finish – much better than a junior solicitor and an eleventh-hour barrister.
If that sounds like an approach you could work with then call me now to discuss on 020 7870 1090, or complete the form below and I will call you back.
Use Deminos and regain control of tribunals.
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What Is An Industrial Tribunal?An industrial tribunal, sometimes called an employment tribunal is a kind of industrial court where employees attempt to get redress for a problem that they have not been able to settle with their employers. Usually employers have systems in place to deal with employee grievances and so there is no need to resort to a tribunal. Every now and then however, a situation occurs where the system and the employer are unable to deal with a grievance to the employee's satisfaction - it is at this point that a tribunal might be called for.
If you run a company then you should provide your staff with a handbook that clearly lays out all of the company policies and procedures. These might include pay schedules, discrimination, equal opportunities and sexual or racial harassment.
Sometimes, no matter how much care a company takes regarding its terms and conditions of employment and its policies and practises there will be something that doesn't fit any of the boxes. It is at this juncture that an employee may resort to the services of an industrial tribunal.
When an employee decides to take their case outside of the normal policies and practices of a company then they first have to submit an ETI form before they can put their case. The employer will receive a copy of that form and has to respond to it within twenty eight days. A tribunal is a more informal process than a public court would be with the case being heard by a panel of three people. Preliminary MattersThere may be a preliminary hearing of the tribunal where the panel will decide whether the employee's claim has the validity to be heard. If the panel believes that there is a case to answer then there will be a hearing.
During the hearing both the employee and the employer will be able to call witnesses to substantiate their case. If the panel decides in favour of the employee then the employer could be made to pay damages to cover the claim. Sometimes the employee is awarded a substantial amount of compensation with £25,000 not being an unusual amount if a case of wrongful dismissal is proved.
If you own a company and are faced with a charge of wrongful dismissal then you should seek the advice of a specialist as you could face a hefty compensation bill if your ex employee wins their case at the industrial tribunal.
Deminos are HR Outsourcing and employment law specialists. To find out more please call us on020 7870 1090 or visit http://www.deminos.co.uk
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Understanding The Employment TribunalWhen you deal with a lot of employees, there may come a time when the employee seeks to handle a grievance through an employment tribunal. With any luck, it won't come to that. As an employer, you should have systems in place to deal with both grievances and disciplinary issues. In most companies, this consists of a three stage process, where there is written notification of the issue to be discussed, a meeting to discuss and decide the issue and a further meeting to appeal the decision taken. Many grievances and disciplinary issues can be resolved by communicating during this process.
As a company owner, you can also avoid the employment tribunal by having clearly stated practices and procedures within your staff handbook. This will tell employees what to expect in certain situations. The employee contract is another key tool, as it spells out the basics of employees' pay and conditions, annual leave and any grievance and disciplinary procedures. When all this is clear, employees know where they stand before seeking the assistance of an employment tribunal.
Resolving DisputesHowever, there may be issues that cannot be resolved through the typical three stage process. If there's such a dispute, then the employee may seek restitution by going to a tribunal. This is less formal than a court, with the case heard before a three person panel. Employees have to complete the ET1 form in order to have their case heard. As their employer, you will get a copy of their claim and will have to respond within 28 days.
In the meantime, the tribunal will be looking into whether your former employee can make a claim. There may be a preliminary hearing to determine this. If the claim is judged to be valid, then the hearing will go ahead, with each side able to bring witnesses to support their case. If your former employee wins you will be ordered to pay compensation. How much you pay depends on the nature of the claim. For discrimination or health and safety, the potential compensation is unlimited. For unfair dismissal, the award will partly be based on compensation and partly on the employee's age and length of service. For wrongful dismissal, the maximum compensation is £25,000. This can be a costly exercise for a company, so it's a good idea to seek specialist advice. It's also useful to review your HR documentation and make sure it's clear so that you can reduce your chances of facing an employment tribunal.
Deminos are HR Outsourcing and employment law specialists. To find out more please call us on 020 7870 1090 or visit http://www.deminos.co.uk
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