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Tribunal tales #3 – put your best foot forward

Posted on: May 20th, 2021 by Ginny Hallam

Being landed with a tribunal claim can often knock you sideways. Below are our thoughts on how to put your best foot forward and proactively reduce exposure if a claim is made against you:

Early advice – securing great advice early on will help identify strengths and weaknesses in your case and support you to plan accordingly. If your defence has any weaknesses, it’s better to know early and explore settlement to avoid unnecessary costs.

Timing – it can be complex to work out if a claim has been brought against you in time – if it hasn’t, the claim could be struck out. If you miss this argument in your defence you’ll not be able to argue the point later so ensure you secure advice when drafting your defence.

Mitigate loss – if the claimant hasn’t found a new job, start proactively keeping a list of all suitable vacancies in their area. If the claimant doesn’t attempt to mitigate their loss by finding a new job, this may damage their case and reduce compensation.

Settlement – consider whether you’re willing to settle, or if you’re determined to go to trial. Decisions about whether to settle are often made late in the process, incurring costs that could have been avoided. We’ll discuss settlement strategy in more detail later in the series.

Straight-talking advice at the start of any people challenge or process can help to minimise issues arising further down the line and reduce potential litigation risk. Find out more about how we can help you to achieve more commercial and practical people solutions.


This update is accurate on the date it was sent (20 May 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.