Navigating Employment Tribunals: Our Top 10 Questions Answered

This is a brief overview of the questions we get asked in our employment department, specifically on what you can expect if you are attending an employment tribunal hearing or are considering bringing a claim.

1. What are Employment Tribunals?

Employment Tribunals are independent legal bodies that resolve disputes between employers and employees regarding employment rights including discrimination, unfair dismissal, and other employment related issues.

2. What is it like at an Employment Tribunal?

Your case will be heard by an employment judge, sometimes accompanied by panel members who have experience in employment law. Tribunals are formal proceedings, but they are less formal than traditional courts.

At the Tribunal, both parties present their evidence, witnesses are examined and cross-examined, and legal arguments are made. The Tribunal will then make a decision based on the evidence presented.

3. When do I have to make a claim to an employment tribunal?

You typically need to make a claim to the Employment Tribunal within strict time limits known as the ‘limitation period’. The limitation period varies depending on the type of claim, but it is essential to be aware of these deadlines and ensure your claim is submitted within the required timeframe to avoid your claim being rejected. It is therefore advisable to seek legal advice promptly if you believe you have a claim, to ensure you meet the necessary deadlines.

4. How long will it take to get to a hearing?

The time it takes to get to a hearing can vary depending on the complexity of the case and the Tribunal’s schedule. It’s advisable to seek legal advice for a more accurate estimation.

5. What do I need to do before the employment tribunal?

Before filing a claim with the Employment Tribunal, it is sometimes crucial and cost effective to attempt to resolve the dispute through informal means, such as discussions with your employer or using a formal grievance procedure.

In the majority of cases, you must reach out to ACAS first before making a claim to an Employment Tribunal. ACAS will offer you the option of early conciliation, which is a free service which can help you and your employer resolve the issue before you need to make a claim. If Early Conciliation is not successful, ACAS will issue you with a certificate and it is only at this stage you can issue a claim in the Employment Tribunal.

Your claim may thereafter proceed to an Employment Tribunal. In this instance, the tribunal will typically schedule a case management hearing to establish the framework of proceedings including deadlines that need to be adhered to. During the case management hearing, the tribunal will discuss the issues in dispute and set deadlines for exchanging documents and witness statements and may issue directions to ensure the claim progresses efficiently. It is very important to comply with these directions and provide the requested information, to avoid potential penalties and delays in the proceedings.

Additionally, gathering evidence to support your claims such as e-mails, letters, witness statements and relevant documentation is also crucial.

In an Employment Tribunal Claim, the Respondent is typically the employer or organisation against whom the claim is being brought. In other words, they are the party accused of breaching the employee’s employment rights and/or breaching the employment contract. The Claimant is usually the party alleging that their rights have been infringed upon and that they have been subject to detriment. The claimant often bears the burden of proof to substantiate their claims before the Employment Tribunal.

Seeking legal advice and consulting with an employment lawyer can also provide valuable guidance on your employment rights and options before proceeding with your claim. We can provide valuable advice to prepare you for the process.

6. Can I represent myself and what will I need to do?

Yes, you can represent yourself, but it’s recommended to seek legal advice or assistance. You’ll need to prepare your case, gather evidence, and understand the relevant laws and procedures.

7. How do I answer questions during cross-examination?

Answer questions truthfully and directly. If you’re unsure, it’s okay to say so. Listen carefully to the question and take your time before responding.

8. How much can the Employment Tribunal Award?

The amount of compensation awarded by the employment Tribunal varies depending on the nature of the case and the losses suffered by the claimant (employee). It can include compensation for loss of earnings, injury to feelings, and other financial losses. It’s advisable to seek legal advice for a more accurate estimation.

9. Will I have to pay the other party’s costs?

In most cases, each party is responsible for their own legal costs. However, there are exceptions, such as if a claim is deemed to be vexatious or unreasonable.

10. What can I do if I am not happy with the decision?

If you’re unhappy with the Tribunal’s decision, you may have the right to appeal to a higher court, such as the Employment Appeal Tribunal, but you should seek legal advice before proceeding. Navigating an Employment Tribunal can be complex, but understanding the process and seeking appropriate guidance can help ensure the best possible outcome for your case.

If you require any advice on your employment rights or how these changes may affect you, please contact our Employment Law team on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.