A former employee is making a discrimination case against us that we are certain we can disprove. Can we stop the case from progressing?

In this case, you should request a pre-hearing review. If the ex-employee’s case is weak, they will be advised ‘not’?… to continue with their claim. Most unreasonable cases will cease to progress from there.

If they still decide to pursue it, they’ll likely be asked for a large deposit (up to £1,000) and will be warned about the significant legal costs they will face in the likely event that their case is unsuccessful. This step is a further deterrent to stop the employee from taking the case to Tribunal.

In most cases that go to an Employment Tribunal, both sides are liable for their own costs. However, if a case is considered unreasonable or misconceived by the Tribunal, it may award up to £20,000 in costs to the other side.