Being taken to Tribunal

[largelad1]

I made someone redundant after 4 years service as the role essentially no longer existed and paid them statutory redundancy, we put them on instant garden leave as there was no selection process due to them being the only one in the role.
However we did fail to give them a one week consultation period and highlight any other vacancies as there was only one which was a very high grade developer role and not suitable.
We did conduct an appeal hearing a couple of weeks later but the outcome was the same.
They submitted a SAR of which we complied and there was nothing incriminating in the documents.
The individual is now taking us to tribunal via a no win no fee solicitor and claiming unfair dismissal as they don't believe it was redundancy and are suggesting it was just a way to get rid of them.
The tribunal is set for January and they are asking for £25k to cover lost salary for the rest of the year.
Do they have a realistic case? and would we best to settle early? or should we go the distance to tribunal?

[ULA]

Without seeing any of the documents i.e. ET1 and ET3 it woukd be very difficult to form any opinion on the merits if the claim.

Unfair dismissal claims, if found in the claimant's favour, have a maximum award of 1 year's gross pay, although there is an upper limit to this figure. However the claimant will have to set out what they have done to mitigate their losses and it will depend on if they have found a new job yet as to what any award may be.

Have you taken legal advice on the merits of the claim?

[largelad1]

Without seeing any of the documents i.e. ET1 and ET3 it woukd be very difficult to form any opinion on the merits if the claim.

Unfair dismissal claims, if found in the claimant's favour, have a maximum award of 1 year's gross pay, although there is an upper limit to this figure. However the claimant will have to set out what they have done to mitigate their losses and it will depend on if they have found a new job yet as to what any award may be.

Have you taken legal advice on the merits of the claim?

Yes we have legal representation but they wont give me a straight answer whether to try and settle or go to tribunal, ive repeatedly asked for that advice but they wont give it at this stage.

[atticus]

Do you know if this claimant has found a new job? If so, do you have any idea when, and whether it is comparable i.e. likely to be same pay or better.?

Trying to help you assess likely worst case outcome.

[ULA]

Is the hearing in January what is known as a preliminary hearing or a final hearing?

Depending on the answer will determine, in my opinion, whether or not your solicitor would be able to provide you what is called a "merits assessment". In brief this is a document that sets out at a high level the case being presented by the claimant and your defence, what they deem the likelihood of the outcome will be and if you were to lose the potential award to the claimant. If they did deem the case would go against you then, yes it would be good to get the claim settled.

Why I asked about the type of hearing, is that you may find your solicitor not willing/able to do a merits assessment until after a preliminary hearing takes place, particularly if there are some unclear factors involved in the claim.

[largelad1]

Is the hearing in January what is known as a preliminary hearing or a final hearing?

Depending on the answer will determine, in my opinion, whether or not your solicitor would be able to provide you what is called a "merits assessment". In brief this is a document that sets out at a high level the case being presented by the claimant and your defence, what they deem the likelihood of the outcome will be and if you were to lose the potential award to the claimant. If they did deem the case would go against you then, yes it would be good to get the claim settled.

Why I asked about the type of hearing, is that you may find your solicitor not willing/able to do a merits assessment until after a preliminary hearing takes place, particularly if there are some unclear factors involved in the claim.

The paperwork states that it is a final hearing.

[largelad1]

Do you know if this claimant has found a new job? If so, do you have any idea when, and whether it is comparable i.e. likely to be same pay or better.?

Trying to help you assess likely worst case outcome.

There is nothing in the disclosure that suggests the claimant has another job.

[ULA]

As it is a final hearing, documents exchanged and the bundle prepared and/or exchanged, then my view is your solicitor should be able to provide you with a merits assessment as I have set out in my earlier post. I would certainly push back on them to provide you with this.

Even if the claimant has not started another job, if the judgement is in their favour and there was a remedy hearing, the individual will be required to show what they have done to mitigate their loses i.e. how many jobs they have applied for, how many interviews they have had, what benefits are they claiming, have they undertaken any temporary or fixed term work etc.