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What happens if I win an employment tribunal?

Attending an employment tribunal can be a nerve-wracking experience for a business.

The results of a decision might not go your way, as we’ve already explained in our blog what happens if I lose at an employment tribunal. However, what happens if you are successful and, as a business, you win at an employment tribunal? We explain.

What happens if I win an employment tribunal?

The result

The results of winning an employment tribunal don’t really differ all that much whether you’re an employee or employer.

The core points remain the same. You can

  • Claim compensation
  • Recover tribunal costs
  • Claim black legal fees and witness expenses

As a business, if you win, the main point of difference is that whatever decision you have made – which caused a former employee to take you to a tribunal, or caused you to pursue proceedings against someone – has been proven right. You aren’t obligated to give an employee you dismissed their job back, for example.

What happens next?

After you’ve won  a tribunal, there are several things you should do.

If you haven’t recovered your costs from the losing side as part of a settlement, you should ensure you pay your legal teams.

You should ensure you receive any compensation you’re due and, if not, begin the process of having your claim enforced. This varies depending on where you are in the UK and what the circumstances around the payment are. The GOV.UK website highlights the methods you can take.

You also get to return to work without the stress of a looming legal proceeding. This should be a time for reflection. Look at your business, see if there was any way the tribunal could have been avoided and what steps you need to take to ensure this never happens again.

This could mean ensuring staff are aware of expectations in the workplace, or having an HR refresher with employees to let them know what policies are in place within your business.

The other key consideration comes from whether or not you’ve had to dismiss a staff member. This might facilitate the need to hire a new member of staff as a replacement, or, depending on the role, require you to assess the way your business operates and the services it provides.

How we can help if you’re taken to an employment tribunal

If you’re taken to an employment tribunal, preparation is crucial. Claims can be complicated and expensive, so it’s important to make sure you have the right legal protection in place and are given the best advice.

At FSB, we aim to help with this by providing our members with an employment protection and law advice service. This gives you access to:

  • Employment tribunal insurance, which is legal representation to help defend you against a claim
  • Awards of compensation that have been agreed at a tribunal, covered by the insurance, with cover of up to £100,000 per claim
  • Experienced solicitors and barristers that can represent you at an employment tribunal

If you’d like to find out more about how this service can help you, please read the FSB Employment Protection page or get in touch with a member of our qualified team on 0808 2020 888.  Lines open Monday-Friday 8am 6pm.

FSB Employment Protection from FSB

A wealth of important information and advice, available online in-case you face dismissal or discrimination claims and employment tribunals.

Find out more