Monday, 16 January 2012

How to minimize compensation claims

For many employment lawyers this post will be old news but there are tactics which may be adopted when you know that a settlement is far off and the writing is on the wall for your defence in an unfair dismissal claim.

The Claimant obviously has a duty to mitigate his/her loss or in other words to look for other employment after their resignation/dismissal. The role although relevant can be at a lower level and with a slightly different skill set.

One really useful tactic is to send the Claimant job ads from a local paper or website prior to the tribunal hearing. Make sure that they are relevant to the individual's skill set and geographically possible. You can then ask the Claimant at the compo hearing why didn't they apply for the roles posted to them?

Additionally, very few people wish to return to their former workplace after a parting and so a good tactic is to offer the individual a different role at their own workplace.

Also conduct. If you can argue that the Claimant contributed in some way to their dismissal then you can ask for a percentage reduction in the compensation awarded.

Try and keep the award below 30k - anything above will be grossed up for tax reasons.

Of course obtain legal advice before taking them on.

Charles Price is a Direct Access Barrister, which means that you do not need a Solicitor before contacting him.