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| What Happens Next?
If the tribunal panel decide that your employee has a case against you, they will contact you within a few weeks to tell you how the claim will be managed. They will also tell you which disclosure documents you need to send to your employee. A few weeks later, the panel will request that you send copies of any witness statements to your employee. Then trial bundles will be prepared and you will receive a date for the employment tribunal meeting. From start to finish, the complete process will take from 6 to 12 months. Your employment lawyer will discuss whether you defence is likely to be successful at a tribunal hearing. And they may advise you to come to a settlement, or compromise agreement with your employee, before the hearing date. Reaching a settlement prior to the tribunal is not something you should try to do on your own. Employment lawyers can help you to decide what is best for you, and they will also negotiate with your employee’s representative on your behalf. Pre-tribunal settlement can be beneficial, if your defence is unlikely to be successful. For a start, it saves on the legal fees you would incur, if the claim goes to tribunal. Also, if you offer a settlement figure, you are likely to avoid paying far less compensation than you would if the claim was successful at a tribunal hearing. And of course, settling early means you avoid the stress of having the tribunal hanging over your head for up to a year. |
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