EML offer an alternative service to solicitors on all Employment Law matters, from supplying advice on the interpretation and application of employment legislation, through to representing clients at Employment Tribunal proceedings.
We have been retained to defend 2,000+ tribunal applications. Where we have given advice prior to dismissal, and clients have followed that advice, our success rate is impeccable. Where we have not had any prior involvement before a claim has been lodged, we have achieved considerable success by way of damage limitation. Our consultants are all HR practitioners, who possess expert knowledge and practical experience of tribunal practice/procedures, together with commercial acumen and a forthright approach.
We operate throughout the U.K. - dealing with claims covering such aspects as minor pay discrepancies, through to complex and litigious discrimination cases. We are one of a limited number of organisations licensed to directly appoint Barristers on behalf of clients, thus minimising the cost of defending claims. Whilst we can accept instructions at any time, advanced notification permits better planning and case preparation, particularly when witnesses need to be interviewed and briefed on proceedings.
Our services include:
Reviewing and advising on the merit of a claim
Litigation is always a risky business. When a claim is received, we give honest advice as to the likely results that will ensue, and it is then up to the client to decide whether or not we proceed to tribunal or resolve the issue by negotiation.
Preparing documents
We visit clients to take instructions prior to preparing witness statements, document bundles, and pre-trial pleadings, because we believe it is vital to have a real understanding of their own particular operational issues, together with the precise details of the complaint. This level of preparation helps to ensure that we are fully briefed and that particular channels of research and/or negotiation can be pursued.
Negotiating Settlements
Many cases are resolved prior to hearing. Whilst a settlement can save the client a considerable amount of wasted time and costs, negotiation is more than just arriving at a figure that will make a claim go away. Successful negotiation is based on convincing the other side of the strengths of the client's case and raising issues which are detrimental to the claimant that will be presented at the tribunal hearing. Our Advocates are skilled in preparing cases to achieve the best possible settlements.
Presenting the Case
Where a client prefers to a fight claim, we will present the case in its best light. We attempt to put clients at ease by explaining tribunal procedures to their witnesses, so as to help them understand how tribunals operate and how the hearing will be conducted.
Training
The most cost effective way for an organisation to avoid employment problems is to ensure that supervisors and managers are able to recognise potential issues and know what they can and cannot do within their areas of responsibility. We conduct internal training, tailored to all levels, to help ensure that those responsible for responding to grievances or making disciplinary decisions, are fully aware of the impact of their actions. When issues of employment rights are involved, prevention is always the best solution.
Support
We also provide a service that encourages clients to develop their own staff in helping to defend tribunal proceedings. We work closely with the client's own personnel, encouraging them to take the cases they are capable of handling, whilst we “shadow” their movements. This helps to develop their knowledge and provide them with confidence – knowing that EML experts are on hand to act as “backstop” in the event that guidance is needed to interpret complex issues. |