Legal action by and against staff
It is important to act promptly when you are dealing with legal claims either brought by or against your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in order to avoid further damage to your business. This section will help you to understand what common legal claims your business might face from Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. and how you should respond to them. It will also guide you through taking legal action against Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. and how you can attempt to resolve a dispute without going to court.
Dealing with legal claims brought by staff
- 1.What common legal claims might a staff member bring against my business?
- 2.Is there a time limit for a staff member wanting to bring a claim against my business?
- 3.What options do I have if my staff member brings (or threatens to bring) a claim against me?
- 4.How do I know whether I am likely to win a legal claim brought by a staff member?
- 5.How much will it cost to defend a legal claim brought by a staff member?
- 6.What is involved in defending a legal claim brought by a staff member and how long will it take?
- 7.What is a letter of claim or letter before action?
- 8.What must I do if I receive a letter of claim or letter before action?
- 9.How long do I have to respond to a letter of claim or letter before action?
- 10.What should I say in response to a letter of claim or letter before action?
- 11.What should I do if a staff member sends me an Employment Tribunal claim form (ET1 form)?
- 12.What should I do if a staff member sends me a County Court or High Court claim form?
Taking legal action against staff
- 13.What types of legal claim can I bring against a staff member?
- 14.How do I decide whether to bring legal action against a current or former staff member?
- 15.Can I sue current or former staff to stop them from using confidential business information?
- 16.What legal action can I take if a former staff member misuses my confidential information?
- 17.Can I sue former staff for the return of company property?
- 18.What legal action can I take to recover company property from former staff?
- 19.Can I sue current or former staff to stop them from competing with my business?
- 20.What action can I take to stop a former staff member from competing with my business?
- 21.Can I sue current or former staff to stop them from taking my clients?
- 22.What action can I take to stop a former member of staff from taking my clients?
- 23.Can I sue former staff to stop them from poaching my remaining staff?
- 24.What action can I take to stop a former staff member from poaching my remaining staff?
Resolving legal disputes with staff
- 25.What should I do if a staff member sends me an offer to settle their claim?
- 26.Can I be penalised by an Employment Tribunal for refusing to settle a dispute with a staff member?
- 27.Can I be penalised by the High Court or County Court for refusing to settle a dispute with a staff member?
- 28.What does it mean if I receive a letter called a 'Part 36 offer'?
- 29.What should I do if a staff member sends me a 'Part 36 offer' to settle their claim?
- 30.What do I need to think about when deciding whether or not to accept a 'Part 36 offer'?
- 31.How can I resolve a claim brought by a staff member without going to court?
- 32.What is mediation and how can I use it to settle my dispute with my staff member?
- 33.What is arbitration and how can I use it to settle my dispute with my staff member?
- 34.What is ACAS early conciliation?
- 35.What are the benefits of agreeing to use ACAS early conciliation?
- 36.How do I make an offer to settle a claim brought by a staff member?
- 37.How do I create a settlement agreement with my staff member?
Hiring a lawyer
Checklist for departing staff
Use this checklist for departing staff to tick off the various tasks you need to undertake when a staff member leaves your business, and make sure you don’t forget anything important. This checklist covers practical matters for the security of your premises, like returning keys, and administrative matters, like dealing with final salary payments. It also includes measures to take to protect your business interests, such as removing the individual’s access to your internal systems. You can also purchase this checklist as part of the TUPE transfer toolkit for outgoing employer .
Free
Disciplinary investigation template
This disciplinary investigation template is designed to help you organise a proper, legally compliant investigation into a disciplinary matter. Our disciplinary investigation document will assist you to take a structured approach to your investigation. This is important to keep the process fair throughout what is likely to be an emotive or difficult part of your staff management. Using this template as a model for your disciplinary investigation process will ensure that nothing is missed. It even has space for you to record your findings in, so that you can keep proper records as you go. It's important to do this so that the basis of any subsequent findings (eg of misconduct) is clear. You can also get this template as part of the Disciplinary toolkit .
£20 + VAT
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