Which employment tribunal

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To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Remote hearings taking place at home will present new challenges for the judge, employer, employee and their representatives, and for some participants who may struggle with the technology.

Find out more on what employers should be doing in our Responding to the coronavirus hub. Employees do not have to pay any fees to start a tribunal claim.

Fees were introduced in but were declared unlawful by the Supreme Court in A more proportionate fee system may reappear in the future. There have been previous government reviews on the impact of tribunal fees. A long term review of the entire civil courts structure in England and Wales has resulted in an online an e-filing service for many claims including in appeal courts and the Employment Appeal Tribunal.

Before starting a claim, there are various pre-claim steps for employees known as 'claimants' to follow:. Checking the time limits for bringing a claim, although in certain circumstances a time extension may be granted. Checking the Acas Code of Practice on discipline and grievance and procedures has been followed. Both the employee and the employer are responsible for keeping to this code. After these steps, if the employee wishes to pursue a claim, they can complete a claim form Form ET1 and submit it to the employment tribunal.

Sends a copy to the employer known as the 'respondent' , together with a form for the employer to complete in response Form ET3. The respondent has 28 days to complete and return the form to the tribunal. If the form is not returned in time, there may be a default judgment and the employer will not be able to defend the claim. In their response, the employer sets out the main points of its argument. Holding back important information with the intention of surprising the employee at the hearing is not a good strategy.

The tribunal could penalise the employer by imposing costs, or rule that the late information is inadmissible. The next stages may include a preliminary hearing to explore the matter further or listing the case for the final full hearing.

Examples of directions include dates for exchanging lists of documents and witness statements. Directions also set out other relevant deadlines including the hearing date. Changes may include providing electronic bundles of documents, shortening the issues in a case by agreement to make the hearing time shorter, or considering alternatives such as judicial mediation which can also be done by video link or by telephone.

As cases can take much longer to be allocated hearing dates employers should retain relevant documents and take witness statements at an early stage in case memories fade before the delayed hearing. Judicial mediation may involve less preparation than a tribunal and frees space for other cases. The time limit for bringing many tribunal claims is within three months of the date of termination of employment. For some claims, for example, discrimination, the time limit may be within three months of the act complained about.

Other claims, such as for a redundancy payment, have a six-month time limit. An additional one month is allowed for Acas conciliation plus a further 14 days in some circumstances. The conciliation period temporarily stops the normal three- or six-month clock for lodging a tribunal claim until conciliation has ended. Preliminary hearing : a short hearing to address any issues so that the case can proceed smoothly before a full hearing. For example, there may be a disagreement over whether or not the claimant was an employee and whether they were entitled to bring the claim.

Exchange lists of all documents relevant to the claim. All pages in the bundle must be numbered, with a contents page at the start.

Prepare witness statements from all witnesses who will give evidence at the hearing. The witness statements must be written in numbered paragraphs and will often refer to documents that have been disclosed. All parties and witnesses must attend the tribunal on time whether this takes place in person or remotely. At the hearing, the Employment Judge usually sets out the key issues and checks whether there are any preliminary matters. In some cases, the judge may ask the witness to read their statement out or clarify some crucial passages.

The judge may also ask questions. Tribunals try to limit the time that hearings take, and judges have the flexibility to manage proceedings as they see fit. If the tribunal reaches a decision in favour of the claimant, depending on the type of claim, the tribunal can award:. An employer and employee may wish to settle an employment dispute without going through a full hearing either:.

Responding to claims has a high cost for employers especially in management time. We therefore encourage the use of alternative dispute resolution, particularly mediation, as a means of resolving disputes at an early, informal stage. This was confirmed in July , when the Supreme Court deemed the fees unlawful. A Trade Union may also make a claim against you. We understand that dealing with employment disputes can be difficult, so our experts can help you each step of the way.

We can offer the following services to put your mind at ease:. Speak to an Expert. Resolve the issue with guided help. Going to tribunal can be a stressful experience and so it is important to solve any problems before it gets to this stage. ACAS will offer to try and resolve the issues with you and the other party which is known as early conciliation.

There has been a sharp increase in the number of employment tribunal claims submitted over the past few years. Working hours — 49, Equal Pay — 26, Unauthorised deductions Formerly Wages Act — 22, Unfair dismissal — 21, Breach of contract — 14, Sex discrimination — Disability discrimination — Redundancy — failure to inform and consult — Redundancy pay — Race discrimination - With a risk of legal action being commenced by an employee it is important for you to seek advice as soon as possible.

Some of the claims can be technically complex in nature. You will need to prepare carefully appropriate documents as your evidence and call witnesses to attend the hearing.