Employment Litigation & Dispute Resolution

Workplace disputes can be disruptive and time consuming for your business. They could also lead to costly litigation or compensation claims. Our employment solicitors can help you avoid and resolve disputes as efficiently as possible.

Conflicts at work can take many forms. They can involve anything from two co-workers arguing to organised groups of employees voicing grievances about management or their working conditions. These disputes can be caused by:

  • Management decisions
  • Unfair or inconsistent treatment
  • Unclear or poor communications or a lack of understanding of communications
  • Bullying and harassment
  • Disagreement over pay and benefits.

How can I resolve disputes without going to a tribunal?

You can resolve many disputes through your own internal whistleblowing or grievance procedures.

If your employee still has concerns, other forms of alternative dispute resolution are available, including:

  • Working with ACAS, who offer support with a range of Alternative Dispute Resolution methods such as conciliation, mediation, and arbitration
  • Negotiating directly with the employee to reach a settlement agreement
  • Private mediation with a neutral third party
  • Judicial mediation, if you’re already facing a claim and an employment judge thinks the case is suitable.

It’s important to try to resolve disputes as quickly as possible to prevent them escalating into formal litigation, and to avoid further disruption to your business. Litigation is time consuming and can be expensive.

Our employment solicitors can help you with:

  • Drafting or revising procedures to resolve disputes internally
  • Managing breaches of employment contracts
  • Employment law training to help managers and HR staff stay legally compliant during disputes
  • Alternative dispute resolution including conciliation, mediation, and arbitration
  • Negotiating direct settlements with employees
  • Preparing and defending your case in an employment tribunal.

We always aim to help businesses resolve disputes without litigation or employment tribunals where possible. We’ll advise you on the best way to reach a resolution, saving you time and money and minimising any disruption to your business.

If you do face litigation or an employment tribunal, we’ll support you through the entire process with specialist advice and legal representation.

Many disputes can also be avoided in the first place by having clear, fair and consistent HR policies in place and taking proactive steps when issues arise. Our lawyers can help you create and implement a variety of these policies and train your staff on any related areas of employment law.

We work with a wide range of businesses across all major industry sectors and know how diverse each organisation’s employment needs can be. We’ll always take the time to really understand your business and work collaboratively with you on a bespoke solution for your unique situation.

Employment disputes can involve areas of employment law as varied as discipline, discrimination, contracts, or confidentiality. As part of one of the UK’s leading law firms, we have the expertise and resources to advise you on any other legal issue that might arise as you resolve your dispute.

Contact a member of our team to learn more about how we can help your business with employment litigation and dispute resolution.

Case Study - Employment Team Help Sandi Hayward Make Successful Claim Against Former Employer

Together with our litigation team, we represented Sandi Hayward in her claim against Newcastle and North Tyneside Primary Care Trust.

Sandi was employed for over 30 years as an Associate Director of Business Development when the Trust issued a letter telling her she was being made redundant.

Sandi was on holiday when the letter was posted and it was unclear whether her termination notice began when the letter was posted or when she actually read the letter.

This was important because the postage date was before she turned 50 and the day she read the letter was after her birthday. This would affect her pension entitlements.

We represented Sandi in the Supreme Court and helped her make a successful claim that her termination notice should begin on the day she read the letter.

This was a significant ruling that affected employment contracts across the UK. Now, if an employer makes an employee redundant by letter, the employee has to read the letter before their notice starts.

It was a real pleasure to represent Sandi and get the justice she’s waited for. She’s been lucky to have Irwin Mitchell stand behind her. The case is also legally significant in that it’s created new implied terms in every employment contract.”

Caspar Glyn, employment barrister from Cloisters

I’m delighted by the outcome of this case and relieved the matter is resolved. I have just wanted to be treated fairly and wish the Trust recognised this rather than pursuing the matter and spending significant legal costs which could have been spent on patient care.”

Sandi Hayward, client

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