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When to get legal advice
Jun 20, 2023
It is fair to say that you do not need to have a lawyer in employment proceedings, but there are times when it is necessary
Firstly, we don't call them 'lawsuits' but for the purposes of this guide, I needed to grab your attention!
I was once against a gentleman in court proceedings who was so clued up on the law and incredibly well presented that it would have been easy to assume he were legally qualified. In truth, the man was retired and had time to read, research, and learn the law he required.
There have been times in the employment tribunal when I have been surprised at the level of knowledge and skill exhibited by company directors who have decided not to engage lawyers.
However, that is rare. In reality, it often works out cheaper to engage a lawyer than undertake the work yourself. After all, we start from a base knowledge that is constantly being updated as the law changes or as new caselaw is published. We are paid for that knowledge, our legal research skills, our experience and our objective opinions.
It is difficult for the average person to be objective when faced with a legal issue. It becomes personal, subjective and can lead to stress and disharmony in the workplace.
I always say this when people ask me at what stage they need a lawyer:
- at the first sign of an issue, book in for a fixed fee consultation to get advice on what steps to take and whether there are any red flags.
- if proceedings have been issued, contact a lawyer before you file a defence.
- if you can resolve matters without going to court or tribunal, seriously consider it. There is glory in having a day/week/months in court or tribunal, but it can be costly and lead to a negative perception of the business and you. But still get legal advice - I have heard of some settlements which are incredible and far exceed what someone would have been awarded.
- even if you are about to go to tribunal or court, engage a lawyer at least for advice. Represented parties are more likely to win than unrepresented parties in my experience.
Again, none of this means you cannot do it yourself - you can. The choice is always yours.
Employment Law Specialists.
Having a qualified and insured lawyer will give you a better chance of success than not having a lawyer, but the choice is always yours.
The following links are to ACAS for the legal issues set out below: Unfair dismissal Discrimination Whistleblowing Managing redundancy Maternity - returning to work Strikes NMW Equal pay Mental health and the workplace Disability at work Menopause at work Mediation at work
The following are links to forms for the employment tribunal: ET1 ET3 NOTICE OF APPEAL TO EAT