Supporting you through Employment Tribunal Claims from start to finish

Employment disputes can be stressful, time-consuming and emotionally draining for everyone involved. Whether you are an employee bringing a claim, or an employer defending a claim, the process can feel complex and overwhelming. However, with the right approach, support systems and a good understanding of the procedures, the process can be managed effectively and fairly.

We provide expert support for both employees and employers dealing with Employment Tribunal claims. We can offer comprehensive support throughout the entire Employment Tribunal process from ACAS Early Conciliation to Judgment or settlement. We are able to guide and support you during every stage of your claim.

What is an Employment Tribunal?

An Employment Tribunal is a legal forum system that resolves legal disputes between employees and employers. Tribunal proceedings follow strict procedures, deadlines and makes legal assessments and decisions.

Early Conciliation

As an employee, before you can initiate most types of employment claims by way of proceedings to the Tribunal you must notify ACAS of your intention to bring a claim. This is a mandatory step designed for the parties to try and resolve the dispute without formal proceedings.

During Early Conciliation ('EC') a Conciliator is assigned, and their job is to contact both parties and explore settlement. For employees, this stage can offer the chance to resolve issues to avoid litigation as it can be a costly exercise. For employers it presents an opportunity to manage risk and limit costs.

EC will usually last for a period of 12 weeks, however, if the issues cannot be resolved in this timescale ACAS will issue a Certificate, which effectively is the "pass" to enable you to start the Tribunal proceedings.

It is important to note that claims must be brought to ACAS within 3 months less a day, but it is imperative that individuals seek legal advice to properly calculate the limitation date.

Making an Employment Tribunal Claim and Responding to a Claim

When EC does not resolve the dispute, an employee may issue a claim to the Employment Tribunal. The employee must complete a form called an ET1 and set out in detail their employment complaints. It is important that the employee submits there claim to the Tribunal in time, failure to do so, will result in the employee losing their ability to pursue their claim. Usually there is a time limit of at least 1 month minus 1 day after the date of the EC Certificate within which to start the claim.

Once the claim is accepted by the Tribunal, employers must respond to the claim form promptly by completing an ET3 and provide a detailed response which is often referred to as Grounds of Resistance. The employer will have the opportunity to accept or defend the claim.

Preliminary Hearing

A preliminary hearing is often listed at the beginning of the claim, and the hearing will set case management directions. Additionally, a preliminary hearing can be listed to address specific issues with the claim.

Case Management

Before a Tribunal can list a final hearing, they will set case management directions. Both sides must adhere to strict tribunal deadlines and procedural requirements, as failure to do so can impact the claim. Accurate preparation and clear communication are critical for both parties.

Final Hearing

The claim can be heard by an Employment Judge sitting alone, or by a panel which includes non-legal persons. The Tribunal will consider all of the evidence and the arguments before passing down Judgment.

Judgment and Remedy

Judgment can be delivered orally at the final hearing or set out in writing which is sent to the parties after the final hearing.

If the claim is successful, the Tribunal can award remedy at the final hearing providing that there is sufficient time. If not, the Tribunal will list a further hearing to address Remedy. Subject to what the employee is seeking, remedy can include, compensation, reinstatement or re-engagement.

Appeals

Dependant on the Judgment, if one of the parties are unhappy with the decision made by the Tribunal, written reasons can be requested, and an appeal can be lodged to the Employment Appeal Tribunal.

It is important to note that appeals can usually only be filed if the Employment Tribunal have made an error in the law.  Occasionally an appeal can occur if the decision is so perverse that no reasonable Tribunal looking  at the same evidence could have reached that decision. Also very occasionally an appeal can made on the grounds of procedural irregularity or bias.

We provide practical and strategical legal advice on a wide range of workplace issues including but not limited to, unfair dismissal, discrimination, whistleblowing, TUPE and employment tribunal claims. Our team supports both employees and employers from early advice and negotiation to representation at the employment tribunal.

CONTACT US

If you are facing a workplace dispute or need advice about your employment rights our experienced employment team are happy to help. Please do not hesitate to contact our Employment Law Team or make an enquiry here.