A guide to employment tribunal claims

Since April 2014 a number of changes to claims issued and defended in employment tribunals have been introduced: potential claimants must refer their claim to ACAS first; fees must be paid; and, in circumstances where the employer’s behaviour is deemed to be malicious or have aggravating features, they may be obliged to pay a financial penalty (anything between £100 and £5000) to the government.

Wrongful trading vs insolvent trading

When a business is failing, bills are not being paid and problems are getting worse – it’s time to seek help and professional advice at the earliest possible opportunity. This is particularly important when business is still continuing; a director can be accused of ‘wrongful trading’ or ‘fraudulent trading’. In both cases the directors are at risk of being held personally liable for the debts.