Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action. Previous Next. What legal routes are open to me?
What happens if the employer doesn't pay my tribunal award? Must I pay tribunal fees to bring my unfair dismissal claim? Must I pay tribunal fees to bring my discrimination claim? What is Acas early conciliation? I don't trust my employer and I don't want anything to do with them. Must I engage in Acas Early Conciliation? Will the tribunal accuse me of being unreasonable if my employer makes me an offer through Acas early conciliation and I decide to turn it down?
I want to bring a tribunal claim because my employer picked on me after I 'blew the whistle' about poor health and safety practices where I work. Must I engage in Acas early conciliation? What happens if I make a mistake on my Acas early conciliation form? When might the civil courts be involved? When might the criminal courts be involved?
What cases will an employment tribunal deal with? Where do I make a claim? Can I make a claim if I have a foreign employer or I am based in another European country? How do I make a claim to an employment tribunal? What are the time limits for bringing a tribunal case?
An Employment Judge must have at least years post qualification experience the relevant legal qualifications for solicitors or barristers and have gained legal experience during that time.
However, there is no requirement for them to have been a solicitor or barrister previously, for example, Chartered Legal Executives can also become Employment Judges. Whilst panel members are non-qualified, they must have relevant professional experience.
Whilst the Employment Tribunal is still a court of law and a formal process will be followed, it is not as formal as criminal proceedings, for example, the Crown Court. There are no wigs or gowns and it is much more like an extremely formal disciplinary hearing.
All Employment Tribunal hearings are public hearings unless otherwise ordered. Employment Tribunal claims can take a long time.
The average time between starting a claim and receiving a decision is 27 weeks. This will, however, depend upon a number of factors, such as the type of claim being heard, the number of witnesses being called to give evidence as this will affect the length of the hearing , the location of the hearing and how busy that particular Tribunal is as this can affect availability.
In some cases, it could take more than a year from start to finish. Any Claimant or Respondent can choose to represent themselves at the hearing but this decision should not be taken lightly. Often the parties will instruct a legal representative such a solicitor or barrister who is experienced in employment law. The reason for this is that each party will have the opportunity to question the other, based on the contents of any witness evidence exchanged prior to the hearing in the form of a witness statement.
This is known as cross-examination. In order to ask the right questions and win the case, this often requires a certain amount of skill. Any leading questions are forbidden and once witness evidence has been heard, both parties will need to make legal submissions in support of their case.
This includes making reference to supportive case law. On arrival, you will need to sign in at reception and advise whether you are attending as the Claimant or Respondent or whether you are a witness for either party. You will then be sent to a waiting room and allocated a clerk who will liaise with you or your representative and collect any necessary bundles or papers prior to the commencement of the hearing. You will be advised when the Judge is ready to hear your case and informed where to go at that time.
The Claimant and Respondent are provided with separate waiting rooms. Other Claimants and Respondents may also be in the waiting rooms as there is often more than one case being heard on the same day.
You can use the waiting rooms as a base throughout the course of the day. Additional breaks may be given for someone with a disability and the Employment Tribunal should be informed of any specific requirements prior to the hearing.
At the start of the hearing, the panel members will introduce themselves and the Judge will decide which side will give their evidence first the Claimant or the Respondent. In an unfair dismissal claim, the employer usually goes first as the burden is on them to prove that the dismissal was fair. In a discrimination claim, the employee usually goes first as they have to establish a prima facie case of discrimination before the burden of proof shifts to the Respondent.
Ultimately, however, this could change and will be at the discretion of the Judge. Both parties will then have an opportunity to cross-examine the other side and their witnesses.
Each witness will be called up to the witness table where you can be seated and will be sworn in. This will either be on the bible or otherwise, depending on whether you are religious. At the witness table, you should have in front of you a copy of the agreed Bundle and your witness statement. You can refer to this during the course of cross-examination for assistance.
Any questions will be based on the contents of the witness evidence already provided and leading questions will not be permitted. During the course of giving witness evidence, the Judge and panel members will also ask questions. Once all of the evidence has been heard, both parties can then make submissions the summing of their case and any relevant legal arguments. An employment tribunal is a judicial body that resolves disputes between employers and employees.
An employment judge with at least five years of experience, including legal credentials, will oversee the tribunal. The aim of the tribunal is to find an unbiased resolution to a dispute when an earlier agreement could not be made. In the end, any action taken by your employer without consultation and that breaches your agreed contract can be grounds for taking your employer to tribunal.
If the tribunal agrees in your favour, your employer may still work out a settlement with you. However, if neither side can reach a settlement then the tribunal may award you compensation from your employer.
Your employer may decide to appeal against this, and if so, the case may go before a higher court called the Employment Appeal Tribunal. If this occurs, it is vital that you get sound legal advice before going forward. Before taking your employer to tribunal, it is best to try and resolve any disputes in a civil way.
Aim to meet with your employer and discuss your issues in a calm and reasoned way. Ensure you have full knowledge of your contract and rights at work.
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