Realistic advice and robust representation from an experienced employment law solicitor
Are you facing an employment tribunal equal pay claim?
Defending yourself in the employment tribunal can be a daunting task, particularly when it comes to equal pay claims.
The law is highly technical and the litigation can be long and energy-sapping. It can take its toll on all those involved and be unsettling for your workforce at large.
Not only can an equal pay claim lower staff morale and damage employee relations but, if successful, it can lead to a loss of reputation with your customers, shareholders and potential recruits.
And that’s not all.
The consequences of getting it wrong
As a commercially astute businessperson, you’ll want to approach the litigation with your eyes open from the outset. That means having a good understanding of what the employment tribunal can order you to do.
So, if your defence to an equal pay claim is unsuccessful, what are the tribunal’s powers?
- A declaration
First, the tribunal would be likely to make a declaration stating the rights of the claimant employees. That would include declaring what pay, or rates of pay, they are entitled to. - Compensation
The tribunal would also be very likely to order you to pay compensation. This would require you to compensate the claimants for arrears of pay going back as much as six years.
Interest can be added and if the claim relates to a contractual term other than pay, you can be ordered to pay damages.
The tribunal’s powers don’t stop there, however.
- Equal pay audit
In most cases, where a tribunal finds that there has been an equal pay breach, it will order you to carry out an equal pay audit.
The tribunal will review your equal pay audit. If it finds that it does not comply with what’s required, it can order you to pay a penalty.
Once the tribunal is satisfied you have provided a compliant equal pay audit, you will have to publish it on your website for three years. - A fine
The tribunal can also order you to pay a financial penalty to the Secretary of State if it finds there are aggravating features. The amount of the fine could be as much as £5,000.
So whether you’re facing one or multiple claims, it’s sensible to bring in expert advice from an experienced employment law solicitor. As early as possible.
Specialist at handling equal pay complaints
For nearly 30 years, I’ve been advising employers and helping companies successfully defend equal pay claims.
I can help you present your case in the best possible way, minimising the risk of reputational damage and the potential for you to be ordered to pay compensation.
Here are some of the things I can bring to your equal pay defence:
✓ Extensive experience
I’ve helped people just like you – many times. So I can provide you with a realistic view of your tactical options and an informed prediction of how the litigation may develop.
✓ Commercial nous
Not many tribunal lawyers have my in-house corporate background. Whether advising you on the strength of your defence or negotiating on your behalf, I’m always commercially focused.
✓ A personal approach
Benefit from a responsive, bespoke service. I will personally deal with your case at every stage. No paralegals, no trainees, no junior solicitors. When you instruct me, you work with me.
✓ Affordable quality
Big firm expertise without the big firm fees. I offer a high-end, London-level service at sensible, reasonable rates – as well as meeting rooms near you.
What My Client’s Say
“Carl’s particular knowledge of Employment Tribunal matters and the process by which their findings and thought processes are often arrived at were invaluable.”
Stuart Price, Chief People Officer, Zenith Vehicles
“Carl has an exceptionally good understanding of the law but his experience goes much further than that. He is a commercially focussed lawyer that has shown his ability time and time again. He is very good at getting to the heart of an issue and working to get the case to a resolution.”
Sarah Merwood, Head of HR, Nestlé
“I greatly appreciate the timely and helpful advice, delivered with an experienced, personal touch and with no confusion as to fees or cost. Carl helped us swiftly navigate through potentially choppy waters. I commend his services most highly.”
David Sanderson, CEO, The Rank Foundation
Realistic advice on your equal pay defence
Equal pay claims can be complex. For some issues, the burden of proof is on the claimant; for others, it will be on you.
But wherever the burden of proof lies, there will be a large number of tactical decisions for you to make.
It’s vital you get those decisions right.
Tribunals don’t like having their time wasted. They can quickly take against an employer who adopts a kitchen-sink approach to the litigation, contesting every single issue, no matter their prospects of success.
Which is why it’s important you obtain realistic advice on the strength of your defence and your tactical options. At the earliest possible stage. From an experienced and savvy solicitor.
Book a free appointment today
Looking for some expert help with your equal pay defence?
Get in touch for a free, no-obligation discussion of your case.
- Call me now on 0330 223 3288
- Email me at carl@carlatikinsonlaw.co.uk
- Complete my Free Online Enquiry form
