A “WHAT IF…”SCENARIO FROM THE GRAHAM AGENCY

“WHAT IF….” YOU DISMISS YOUR DOMESTIC STAFF EMPLOYEE AND ARE TOLD THEY WILL TAKE YOU TO AN EMPLOYMENT TRIBUNAL.

“It won’t cost me anything and I am unhappy about my dismissal, so I am going to take my case to the Employment Tribunal”.

Words, as an employer, you don’t want to hear. You feel totally justified, but don’t really want to get involved in such a legal dispute with all its associated costs and hassle. Is there anything you can say which may change the attitude of your ex-employee?

Well to start with, you can tell them the facts, The rules recently changed regarding taking a case to Employment Tribunal and your ex-employee is wrong. Simply telling them the facts and recommending they check them for themselves, may well see your unjustified case disappearing.

A fee is payable when a claim is issued and a further fee is payable if the claim proceeds to a final hearing.

The amount of the fee depends on whether the claim falls under those listed as Type A or Type B claims. The issue fee for a Type A claim is £160, with a hearing fee of £230. The issue fee for a Type B claim is £250, with a hearing fee of £950.

Type A claims include: Unpaid wages, Payment in lieu of notice and Redundancy payments.

Type B claims include: Unfair dismissal, Discrimination, Whistleblowing and issues based on equal pay, Issues arising when a business is transferred from one to another (known as TUPE) are also covered under type B claims, but will not concern either you or your ex-employee,

Tribunal fees are payable up front when issuing a claim and before the hearing. These recent changes have seen a huge reduction in the number of claims brought before the tribunals, some 80%. It is not beyond the bounds of reality that many of these could well be seen as spurious.