If you have a dispute with your employer but have not managed to solve the problem internally, the next stage is to take the dispute to an Employment Tribunal.
Employment Tribunals make decisions on a number of disputes, including:
- Failure to properly conduct grievances, or disciplinary processes
- Redundancy issues
- Wrongful or unfair dismissal
- Constructive dismissal (where an employee quits their job because of a fundamental breach of contract by the employer)
- Workplace discrimination on the grounds of disability, age, sex, maternity, sexuality, race, trade union activities, and religion or belief
- Harassment, including sexual and racial harassment
The Employment Tribunal Process
Employment Tribunals follow a similar process to the Civil Courts, and the process and the hearing are slightly less formal than the Civil Courts, however there are still procedures that need to be followed.
The time limit for bringing a claim before an Employment Tribunal runs from the date of your employment ending, or from the date of the incident giving rise to the dispute. In most cases, you must bring a claim within 3 months (i.e. 3 months less one day) of the relevant date. For example if the relevant date is 3rd January you would have until 2nd April to bring a claim.
Before a claim can be brought before an Employment Tribunal you must also register your claim with ACAS, within the time limit mentioned above. ACAS will then contact your employer to try and resolve the issue to avoid the matter proceeding to an Employment Tribunal. Registering for ACAS early conciliation has the effect of extending the normal time limit for tribunal claims. The rules around this are quite complex so you may want to speak to one of our Employment Lawyers.
If the matter cannot be resolved through ACAS early conciliation, it may then be necessary to prepare and submit formal paperwork to an Employment Tribunal, setting out your claim. You should receive a response from your employer setting out their ‘defence’.
As a next step, a preliminary hearing will usually take place involving the claimant and respondent representative. At the hearing, the Employment Judge will seek to identity the issues in the case. The Judge should then proceed to issue court directions (such as exchanging documents and statements for the hearing) and provide a date for the final hearing.
At the hearing you will be cross-examined by the employer, or their representative, and you will have the opportunity to cross-examine the employer’s chosen witness or witnesses.
The Tribunal will then take some time to consider all the evidence and provide their decision. They may provide it on the day, or send a written decision to you.
The prospect of starting and pursuing a claim at the Employment Tribunal may seem daunting, but with the help of an experienced Employment Solicitor to provide you with professional support the process can be significantly less stressful.
An employment dispute can be a complicated matter, but our Employment Solicitors will help you through all the stages of your Employment Tribunal claim.
- We will obtain all the relevant information to assess the strength of your claim and advise you on your prospects of success should your case reach a final hearing
- We can engage with your employer to secure compensation or reinstatement for you, in many cases without having to go through the full process of bringing a claim to the Employment Tribunal
- We can advise you on any settlement agreement you have been offered by your employer
- We can draft all the necessary paperwork required to progress your claim to the hearing at an Employment Tribunal, and provide representation and support for you at the hearing
- We realise that not all clients are the same. Some may want to adopt a conciliatory approach; others may want and need tough action. We work with clients and shape and deliver advice according to their objectives
- We are transparent in terms of our costs and will provide estimates from the outset
- Our Lawyers have varying degrees of experience and we will allocate your case to an appropriate Lawyers
- We have an enthusiasm and passion for what we do and enjoy helping our clients
- Our approach is down-to earth, friendly and pragmatic and we combine this with our technical expertise
We offer a reliable and prompt service, ensuring we are available when you have a query, even outside normal office hours.
Why Choose Simpson Millar
- Our Employment Solicitors having specialised in employment law for between 10 and 35 years.
- We operate fairly on pricing and will discuss our Employment Tribunal fees with you in advance of carrying out any work.
- We offer technically astute, practical legal and strategic advice in a jargon free manner.
- We are hands on and proactive. To suit our clients’ needs we will deal directly with the ‘other side’ (employer) or give legal advice in the background, whichever is best for you.
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.