Employment disputes are more common than people think; whether it’s an issue with unpaid wages, breach of contract, unfair dismissal, harassment in the workplace or disputes that continue after employment has ended.
These disagreements can create financial stress and emotional strain and it can be difficult to know what to do first.
Many people also assume that all employment issues must go through an employment tribunal but in reality, civil litigation can play an important role in resolving certain types of employment-related disputes.
At Wayman & Long Solicitors, our civil litigation team regularly assists employees and employers in navigating post-employment conflicts, contract breaches and workplace disagreements that fall outside of an employment tribunal’s remit.
This blog explores when civil litigation may be the most appropriate route and what kinds of employment disputes it can resolve.
It’s important to distinguish between problems that should be handled by an employment tribunal and those more suited to the civil courts.
Employment Tribunals
These claims follow a specific tribunal process and often require early conciliation through ACAS:
Civil Litigation
In short, if the dispute involves a contractual or commercial element rather than statutory employment rights then civil litigation may be the right path. The civil courts (County Court or High Court) will then deal with employment-related disputes involving:
Civil litigation becomes a suitable option when a workplace dispute falls outside the jurisdiction of a tribunal or involves breaches that continue after the employment has ended. Some of the most common examples include:
Breach Of Contract
Whilst tribunals can hear breach of contract claims, they are limited by strict caps. The civil courts can deal with higher-value and more complex contractual claims.
This might involve:
Restrictive Covenant Disputes
When a covenant is breached, an employer may seek an injunction in the civil courts which an employment tribunal doesn’t have the power to grant.
Employers often rely on restrictive covenants to prevent former employees from:
Confidentiality And Intellectual Property Misuse
If a former employee or contractor misuses things such as confidential data, trade secrets or client databases, then civil litigation can offer stronger solutions; this is particularly important for businesses operating in competitive or specialist sectors.
Issues include:
Settlement Agreement Enforcement
If either party breaches the terms of a settlement agreement (for example non-payment of compensation or breach of non-disparagement clauses), then the civil courts have the power to enforce the agreement.
Director And Shareholder Disputes
When disputes arise between business partners or directors, oftentimes employment law alone is not enough. These cases usually require civil litigation due to their commercial nature.
Civil litigation provides solutions that an employment tribunal simply cannot offer.
Access To Injunctions
If urgent action is needed to stop an employee joining a competitor or using confidential information then the civil courts can issue immediate injunctions. This is a fast solution that’s often essential in protecting business interests.
Wider Compensation Options
Tribunals are more limited in terms of the compensation that they can offer, whereas civil courts can award a wider range of damages than tribunals, these include:
Higher Financial Limits
Employment tribunals have caps on certain awards but civil courts have no upper limit for contractual or commercial claims.
More Complex Evidence
Civil courts are more equipped to manage detailed forensic evidence and complicated contractual agreements, meaning that they can often deal with them more effectively than a tribunal system.
Litigation is not the only option, nor is it always the best. Many employment-related disputes can be resolved through the below options but a solicitor will help you to determine which route is most appropriate based on the cost and likelihood of success:
Negotiation
Employment disputes can often be settled quickly through solicitor-led correspondence.
Mediation
A confidential and neutral process where both sides work towards a mutually acceptable resolution. Mediation is common in high-value employment disputes, especially those involving senior employees.
ACAS Conciliation
For tribunal-related matters, ACAS provides free conciliation which may resolve issues without formal proceedings.
Arbitration
Suitable for contractual disputes where both parties prefer a private and binding process outside of court.
Regardless of whether you are an employee or employer, preparation is key. Strengthening your case early-on can make a significant difference to the outcome of negotiations or litigation. Well-organised documentation puts you in the strongest possible position to resolve the dispute early.
You should gather:
When it comes to employment disputes, civil litigation can become highly technical. At Wayman & Long Solicitors, we are highly experienced in assisting both employers and employees in navigating disagreements professionally and efficiently.
We can help you to:
Our goal is always to resolve disputes as swiftly and cost-effectively as possible whilst protecting your legal rights and commercial interests.
If you’re dealing with an employment-related disagreement and are unsure which route is right for you, the civil litigation team at Wayman and Long can help you to understand your options and take decisive, informed action.
For clear guidance and practical support, book a consultation with us today. Have a question? Don’t hesitate to get in touch with our team. You can call us on 01787 277375, email us at enquiries@waymanandlong.co.uk or fill out our online contact form.
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