Employees with a variety of employment related issues are entitled to make claims at an employment tribunal.
How to Present a Claim
A claim must be presented on the correct form, an ET1 to an employment tribunal. Claims which are not presented on the correct form will be rejected by the tribunal. The employment tribunal will then handle the claim by forwarding it to the respondent (the employer being complained of). The respondent then has 28 days to reply to the claim. If a party fails to respond within the time limit then the case may continue undefended. Effectively the respondent will have lost the chance of defending itself against whatever the claimant is claiming.
Types of Claim
A full list of all the types of cases that an employment tribunal will hear can be found on the Ministry of Justice Website. Clicking on the list below will take you to further details of each type of claim, however, if you believe that you have a claim against your employer then please contact us on 0800 014 8727 for free initial legal advice.
- Unfair Dismissal
- Bullying and Harassment
- Constructive Dismissal
- Asserting a Statutory Right
- Transfer of Undertakings (TUPE)
Time Limits and Deadlines
There are strict time limits for issuing a case to an employment tribunal and in most cases a claim must be issued within three months. If you have been unfairly dismissed, then the clock starts to tick from the date that your employment ended. If your problem relates to discrimination or to money that you should have been paid then the three month deadline runs from the last incident. In other words the last day you suffered from a discriminatory practice or were not paid money that you should have been. Equal Pay claims have a six month deadline which runs from the last day of employment or the last unequal payment. Likewise matters relating to redundancy pay have a six month deadline. Note that all other matters relating to redundancy have a three month deadline If you would like free, no obligation legal advice about the deadlines involved and how to issue a case to a tribunal then please call the number above.
What is it like at an Employment Tribunal?
Employment tribunals are not the formal court that many imagine; certainly none of the lawyers in attendance will be wearing the wigs and gowns nowadays associated only with the criminal courts. Claimant’s are entitled to represent themselves at a tribunal but many prefer to be represented by solicitors and barristers. In common with most court proceedings, those held in a tribunal are usually open to the public. Only the most high-profile cases, however, are attended by members of the public and the press.
Costs Involved in Bringing a Claim
Each party at an employment tribunal will pay its own costs, except in very exceptional circumstances. That means a claimant will need to pay for the costs involved in issuing the claim; the legal advice that they take and any representation that they may require from a solicitor or barrister. Additionally since July 29th 2013 all claims attract a fee from the tribunal. If you would like further information on how we might help you bring a claim on a no win no fee basis then please call the number above.
The Different Types of Hearing at an Employment Tribunal
There are several types of hearings at an employment tribunal.
- A Case Management Discussion (CMD). This allows a judge to clarify issues at an early stage and also set the deadlines by which things might be done. For example, the date for exchanging any witness statements and the date of any future hearings might be decided.
- A Pre-Hearing Review. This type of hearing might determine whether a party is entitled to bring a claim. For example, if someone claims that they were an employee and the respondent believed that they were more correctly labelled as self-employed. This is also the hearing that would be used if interim relief is sought. Interim relief would force an employer to continue to pay an employee, such as an employee who has made a protected disclosure for health and safety purposes until the time of the full hearing.
- A Full Hearing. This is self-explanatory and is the occasion on which the case presented by the claimant is heard.