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Case study | The importance of effective tribunal representation

At Elcons, we are proud to offer informed legal advice and representation to organisations of any sector and size.

As part of our wider service offering, our employment law specialists provide expert legal advice on a range of employment law matters, including contracts of employment, disciplinary procedures, redundancy and discrimination.

In the event of an employment tribunal, our skilled advocates provide vigorous defence representation. We work tirelessly to protect your company’s reputation and financial interests, striving for favourable outcomes.

We know that facing an employment tribunal claim can be daunting, but you don’t have to navigate it alone. Our team specialise in providing expert representation for business owners in employment tribunal cases.

Below, one of our valued clients, who shall remain anonymous, explains the HR dilemma they were presented with, and how Elcons guided them through the entire process from start to finish.

The situation

I made a relatively senior hire into my business.

Sadly, it emerged very quickly that the new employee had made exaggerated claims about his skills and experience to secure the role.

After assessing his suitability for the role on the job and trying to provide appropriate training, we concluded that he was unable to successfully perform even the basic tasks in his job specification, which led to a mutual decision to terminate his employment.

A month later, the individual brought a claim against me for disability discrimination, alleging that he had been dismissed after revealing he had dyslexia. This claim was for nearly £16,000, for a mere 12 days of employment.

The process

I employed the services of two separate law firms to handle the matter for me, costing thousands of pounds in legal fees, only to be advised that making an out-of-court settlement would be preferable to attending a tribunal.

This did not sit well with me, since I felt that doing so would imply liability, when my conscience was clear that I had acted fairly and without discrimination.

The run-up to the trial was one of the most stressful experiences of my life to date, causing many a sleepless night.

Two weeks prior to the tribunal, I received a call from Elcons to ask if I wanted any assistance with the matter.

I was, admittedly, quite closed off, given my outlay in legal fees and the lack of sound advice thus far. However, I agreed to have a conversation with John Peel that evening.

John took the time to listen to the ins and outs of the case and he came across as extremely knowledgeable about employment law, finding holes in the claim against me in just that first conversation.

He reassured me that given the right support, I should be successful at the tribunal.

In the run-up to the tribunal, the Elcons team were incredibly efficient in helping prepare thoroughly for the hearing, whilst removing the stress of having to deal with the legal paperwork and the claimant’s representative.

When John represented me, I was so impressed at how he handled the case, from liaising with the judge and his panel, to cross-examining the claimant with questions that were so well thought out that the unjustified grounds of the claim unravelled in front of the whole room.

The end result was that the judge and his two laymen ruled unanimously in my favour.

My initial response was to burst into tears, given that an ordeal spanning 12 months had finally been drawn to a justified close.

Satisfied with the Elcons service?

I am beyond delighted at my decision to work with John and his team: I could not have asked for a better result, nor sounder advice in the run-up to the hearing.

Needless to say, I am now working with Elcons for all my HR needs on an ongoing basis, which gives me complete peace of mind that my HR function is now in a very safe pair of hands.

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