Employment Disputes & Litigation
We represent both employers and employees in Employment Tribunal proceedings and High Court claims.
Our practice covers the complete range of contentious employment law issues. We represent both employers and employees in Employment Tribunal proceedings and High Court claims, bringing strategic insight and litigation expertise to every case.
We are regularly instructed in employment matters that touch on developing areas of law. We handle claims including unfair dismissal, discrimination, whistleblowing, breach of contract, and restrictive covenant disputes.
Our Litigation Services
We provide representation in Employment Tribunal hearings, High Court employment claims, mediation and alternative dispute resolution, injunctive relief applications, and appeals to the Employment Appeal Tribunal.
Frequently Asked Questions
How long do I have to bring an Employment Tribunal claim?
In most cases you must notify ACAS of your dispute within three months less one day of the act complained of (for example, the date of dismissal). ACAS early conciliation typically extends the time limit by up to six weeks. Missing the deadline is usually fatal to the claim, so early advice is essential. Some claims (for example, equal pay) have different limits.
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal is a statutory claim under the Employment Rights Act 1996 and requires (in most cases) two years' continuous service. It is brought in the Employment Tribunal. Wrongful dismissal is a contractual claim for breach of contract (for example, not serving notice) and can be brought in the Employment Tribunal (capped) or the High Court (uncapped). The two claims often coexist but have different remedies.
Can I enforce a restrictive covenant against a departing senior employee?
Post-termination restrictive covenants (non-compete, non-solicitation, non-dealing, confidentiality) are enforceable in the High Court by interim injunction if they are no wider than reasonably necessary to protect a legitimate business interest. Speed matters: employers typically seek urgent without-notice relief, followed by a return date and expedited trial. Springboard injunctions are available where the employee has used confidential information or a head start to damage the business.
What is a settlement agreement and when is one used?
A settlement agreement (formerly compromise agreement) is a statutory contract that ends potential claims by the employee in exchange for a financial settlement. To be binding, the employee must receive independent legal advice from a qualified adviser. Settlement agreements are commonly used on senior exits, redundancies, and following grievance or investigation processes. They are negotiable — typical points of negotiation include payment amount, tax treatment, reference, announcement language, and the scope of post-termination restrictions.
What is collective consultation and when is it required?
Where an employer proposes to dismiss as redundant 20 or more employees at one establishment within 90 days, collective consultation with elected representatives is required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. Minimum consultation periods are 30 days (20–99 redundancies) or 45 days (100+). Failure to consult can result in protective awards of up to 90 days' pay per affected employee.
Can you act for me if I am a senior executive facing a whistleblowing claim?
Yes. Leon Chua acts for both employers and senior executives in Employment Tribunal and Employment Appeal Tribunal proceedings, including whistleblowing detriment under Part IVA of the Employment Rights Act 1996, discrimination (age, race, sex, disability, religion or belief, sexual orientation), unfair dismissal and constructive dismissal. On the employer side, the firm also conducts related High Court injunction work.