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Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Litigation is a more favoured method, compared to other alternative dispute resolutions. Read about the benefits of employment litigation and whether it can prove more useful than alternative dispute resolutions.
Workplace disputes can often lead to uncomfortable situations. Managing them with the right legal methods can be complex and disruptive for businesses.
Solving disputes through litigation over other alternative dispute resolution holds key advantages for employers.
This guide looks at how both the employer and employee can resolve disputes through litigation proceedings. We’ll also help you discover the benefits of choosing litigation over alternative dispute resolution.
Find the safest and easiest way to resolve your workplace issue
Litigation is a process used for solving disputes through the court system. If you cannot solve a workplace dispute internally, you may dispute the case through employment litigation. The litigation process can be long and complicated. However, the results for such cases can be thoroughly conclusive in the end.
Employees raise workplace issues against their employer through employment litigation. Some of the most common disputes raise range from personal injury, discrimination claims, and employment terminations.
Employment litigation can also include claims of illegal actions like
These all require legal expertise for deciding settlement. You can normally find methods for dealing with complicated litigation through LLPs, employment tribunals, and high courts.
Workplace disputes can take several forms. They can happen between an employer and employee, or within a group of workers who all share the same grievance. Litigation can solve disputes like:
Within the UK, different courts and tribunals used to resolve litigation disputes. Deciding which one suits your situation will depend on the value and nature of the claim.
The primary litigation stages deal with formally actioning the dispute. You must complete a claim form, and include all the individuals involved, times/ dates, and basic details of the dispute.
The case statement outlines the full details of the dispute and includes facts to support the claim. The timeframes and complexities of the trial can vary depending on the individual’s situations.
A judge passing the outcome resolves litigation disputes. Alternative dispute resolutions (like arbitration and mediation) use non-court methods for resolving disputes.
Whether to choose between litigation processes or ADR can often cause great difficulty for claimants. They ultimately decide between them based on the legal outcomes, expenses, and potential damage to business relations.
Both employers and HR representatives play a crucial role achieving the desired dispute outcomes. Having to face the possibility of tribunal claims and litigations can be stressful for a business.
Depending on the type of litigation dispute, you should choose your legal representative accordingly. The litigation procedure can be civil litigation or commercial litigation.
You can manage litigation disputes through your own grievance policies. If an employee has a expressed a concern, and feels like it has not been resolved internally, they can seek further help by:
You should aim to support the employee and their concerns without litigation or employment tribunals. This will save you time and money; and will minimise disruptions to your business.
Seek support from employment consultants for help with workplace disputes. This way, you have access to specialist advice, legal representation, and can aim to nurture your working relationship with the employee.
You can avoid workplace disputes if you have a fair and consistent HR policy within your business. Our HR and employment law specialists can help you draw up policies to manage litigation against employers.
Workplace disputes can involve grievances of discrimination, professional behaviour, employment contracts or breaches to confidentiality.
We can provide expertise and resources for you and your staff to assist your employment tribunal litigation. Our team can help you with workplace disputes and guidance on litigation proceedings that fit your disputes.
Peninsula clients get access to 24/7 HR consultation with our employment specialist. Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
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Dispute Resolution
When AI meets 40 years of Peninsula expertise... you get instant, expert answers to your HR and Health & Safety questions