Q: I run a small business and we may have to go to an employment tribunal regarding an ex-employee for unfair dismissal. He is using the Citizens Advice Bureau to help him, is there an equivalent for businesses? If not, where can I get advice?
Nov 22 2007
Answered by: Peter Done Ask a question
Ex-employees can choose to represent themselves or they can choose to be represented. The choice of people to represent them can vary from, as in this case, the Citizens Advice Bureau to perhaps their union, to no win-no fee consultancies and of course there are always solicitors.
As far as businesses are concerned, the same basic rules apply. The business can represent themselves, they could ask a consultancy (like Peninsula) to represent them, and they can employ solicitors. However, it is highly unlikely that a union would be prepared to represent them.
The business may be a member of some employer’s federation where as one of the benefits of membership assistance and representation at Tribunal is provided. As you do not say anything in this regard, I assume you do not.
While both employer and ex-employee can represent themselves at Tribunal the process, although theoretically informal, has become so legalistic over recent times that my strong advice would be to be represented by someone who knows what they are doing.
Whoever you approach make sure that they have a good and solid track record. They might be, for example, be a good solicitor on divorce, or wills, but if they haven’t done Tribunals, or don’t have great experience they might not be so good against a Citizen’s Advice Bureau representative who specialises in that area. I would think very carefully and make sure that you chose wisely.
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