Employment Tribunal Disputes

That will depend on the type of claim and the claimant’s legal status. Some claims are open only to employees, while others can also be brought by workers e.g. casual or agency staff. Unfair dismissal, for example, will usually require employee status and, in many cases, a qualifying period of service, whereas discrimination claims apply more widely, and some rights arise from day one.

Tribunal claims commonly arise from:

• unfair dismissal
• constructive dismissal
• wrongful dismissal
• discrimination and harassment
• unlawful deductions from wages
• whistleblowing
• redundancy disputes
• breach of contract
• failures in disciplinary or grievance procedures

The important point is not just what has happened, but whether the law gives you a route to challenge it. That is one of the first things to consider before the process can go any further.

The time limits for tribunal claims are strict; in many cases, the deadline is three months less one day from the act complained of or from the end of employment. Some claims, including statutory redundancy pay and equal pay, can have longer limits, but delay can still be costly.

ACAS Early Conciliation is usually a required step before a claim can be issued. Even if you are still deciding what to do, it is usually better to understand your timetable and options while there is still time to act.

Once a claim is issued, the employer is given a set period to respond, if they fail to do so in time, the tribunal may enter judgment in default. If the case continues, the tribunal will usually give directions about the steps both sides need to take before any hearing takes place.

That can include:

• exchanging relevant documents
• preparing a hearing bundle
• drafting and exchanging witness statements
• attending a preliminary hearing if needed
• preparing for the full hearing

At the hearing itself, witness statements are often taken as read and each side has the opportunity to ask questions and make submissions. Some cases are heard by an Employment Judge sitting alone, while others are heard by a panel. The tribunal may give a decision at the hearing or send it in writing later.

Tribunal claims are not usually resolved quickly. Some settle early, while others take many months to reach a final hearing. Much will depend on the nature of the claim, the strength of the evidence and whether the matter can be resolved before a full hearing.

Tribunals do not usually work on the same loser-pays basis as other courts, although costs orders can be made in some circumstances. A successful claim may lead to financial compensation, a declaration of rights or other recommendations. Compensation can include loss of earnings and, in discrimination claims, compensation for injury to feelings.