A Guide To Employment Tribunals

Taking legal action against an employer can be a daunting prospect, and can often carry significant financial and emotional implications. This article takes a closer look at the process of Employment Tribunals, from what they involve to different types of claim.

What Is An Employment Tribunal?

An Employment Tribunal is the legal procedure in which disputes that have occurred in the workplace are heard before an independent judicial body. The grievance between the person making the claim, known as the ‘Claimant’, and the person defending the claim, called the ‘Respondent’, is heard before a panel of three people: one qualified employment judge or chairman, and two non-legal ‘lay’ people.

It is more informal than normal court proceedings, but nevertheless evidence given at an Employment Tribunal is given under oath, while all the decisions which are made are legally binding and must be adhered to.

Claims heard at an Employment Tribunal between the Claimant and the Respondent (be it an employer, a trade union, or a professional body) can cover a range of issues, including:-

Before You Make A Claim

Employment Tribunals should really be a last resolution for disputes than cannot be resolved by any other means. Before you make a claim, you should first try all other avenues of conciliation. Try to work out the problem with your employer directly, or if you do not feel this is possible you could attempt to reach a solution via your employer’s formal grievance or disciplinary process.

If this does not work then there are official bodies such the Advisory Conciliation and Arbitration Service (ACAS) who will contact both parties and mediate between the two in a bid to settle the claim without having to go before a Tribunal.

These steps are important, and should a claim go to an Employment Tribunal, it is in fact very likely that each side will be assessed upon whether or not they have maintained a reasonable standard of behaviour when dealing with the grievance. This may affect the ultimate outcome, as the amount of compensation money awarded for a successful claim can either be increased or decreased by as much as 25% depending on each party’s standard of behaviour.

The Employment Tribunal Process

If the issue cannot be resolved any other way, you may want to make an application for a claim with the Tribunals Service. There are, however, certain time limits that must be adhered to. All cases vary, but usually you must have been in employment for one year, and an application must be received within 3 months of the date:-

Once an application has been received, the claim will move forward via a series of multi-hearings which together will decide upon factors such as what evidence should be heard and the time limits of the claim. At the final hearing the three members of the Employment Tribunal will listen to and review the evidence from the Claimant and the Respondent as well as any witnesses before making a decision.

If successful, the Claimant may be awarded:-

Summary

Each Employment Tribunal is different, and the right course of action varies from claim to claim. If you are thinking of starting proceedings against your current or previous employer, it is wise to seek expert legal advice.

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