Administered by HM Courts & Tribunals Service, the Employment Tribunal are responsible for hearing claims from claimants who think someone or an organisation, such as an employer, potential employer or former employer, has treated them unlawfully and will hear both parties’ arguments before making a decision.
Claimants have to file their claim within 3 months of when the incident or dispute occurred that they are claiming against*.
Before making a claim to an employment tribunal, the claimant must notify Acas (Advisory, Conciliation and Arbitration Service) that they intend to make a claim. Before taking the claim to the tribunal, Acas will offer the claimant the chance to try and settle the dispute using their ‘early conciliation’ service, during which time the 3-month time limit is put on hold. If this service does not work for whatever reason, they will issue the claimant and respondent with an early conciliation certificate which the claimant can then use within 1 month to take the case to the tribunal.
The following case demonstrates how Rural Protect helped an agricultural plant hire business before the preliminary hearing of an employment tribunal when their employee brought forward a discrimination claim.
Business type: Agricultural Plant Hire
Section of cover: Employment Practices Liability
Applicable cover: Claims by Employees Cover
Circumstance: Alleged discrimination by an employee after going on maternity leave.
Claim value: £9,441
The scenario:
The employee made a claim to the employment tribunal for discrimination. They were alleging that the agricultural plant hire company breached pregnancy and maternity discrimination, Maternity and Parental Leave etc. Regulations 1999, Sex Discrimination Act 1975, and Disability Discrimination Act 1995. They also claimed that the business displayed less favourable treatment against them for being a part-time worker and also made unilateral changes to the terms and conditions of their employment and failed to issue a written statement of employment particulars.
What happened?
In this instance, the employer was asked to attend a preliminary hearing, which the tribunal can request if a case involves discrimination**. Through Rural Protect, rradar assisted the insured employer by issuing a response to the claim ahead of the preliminary hearing. In the meantime, they successfully negotiated a resolution with the employee.
The outcome:
As things had been resolved between both parties, the employee agreed to return to work and withdrew their claim which was, therefore, dismissed by the tribunal.
Things to consider:
Employee grievances can escalate quickly and unexpectedly into costly tribunals and expensive settlements.
Rural Protect’s Employment Practices Liability section of cover includes defence from rradar for employment claims, such as unfair dismissal, discrimination and sexual harassment, brought against the policyholder or any past, present or future director/trustee, officer, or employee and covers the legal costs, awards and settlements that arise from the claims.
Find out more about the Employment Practices Liability section of cover here.
If you would like to know more about Rural Protect, call us on 01653 609090 or email enquiries@hbunderwriting.co.uk.
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