Tribunal Claims

Tribunal Claims Employee Advice

Although Employment Tribunals were originally established to encourage individuals to deal with employment-related disputes themselves, the procedural requirements imposed by the Employment Tribunals and the complex law that can apply to the disputes make it essential for both Claimants and Respondents to be legally represented. As experienced employment solicitors we can do this for you.

It is still possible for individuals to represent themselves, or to have a family member or friend represent them, however in most cases we would suggest that the individual obtain our advice as experienced employment solicitors in connection with the claim.

If having issued a claim a party fails to comply with the Orders made by the Tribunal then there can be cost sanctions and claims can even be struck out.

The Procedure

Claims in the employment tribunal are started by submitting an Early Conciliation form to ACAS who then have 30 days to attempt to reach a settlement. If no settlement is possible proceedings are started by completing a form ET1.  This document sets out details of the name and address of the person bringing the claim, details of who the claim is against, usually the employer, and a brief outline of what the claim is about.  The claim form is very simple to complete but it is very important that the details of the claim is carefully considered and sets out exactly what has happened and what is being claimed.  It is very important that this part of the claim is correct and as experienced employment solicitors we would advise that we should deal with this for you.  If you get it wrong it could result in large parts of your claim not being considered by the tribunal.

The tribunal sends the ET1 to the other side who have 28 days to submit a written response to the tribunal which then sends it to the claimant.

The tribunal then sets a hearing date. This date will usually not be changed unless there are good reasons for doing so.

At the hearing both sides give evidence on oath.  The tribunal will have ordered that witness statements are exchanged on a date before the hearing and that a bundle of all the documents to be considered has been prepared.  It is very important that the statements are prepared properly and as experienced employment solicitors we advise that it is important that we deal with that on your behalf.

After hearing the evidence the tribunal will make its decision.

If you have already lodged a claim or if you are thinking of doing so contact Tony Wilkinson on 0800 088 6280 or email us on enquiries@rotherasharp.co.uk

Useful advice on Employment Claims can be found on the ACAS website at http://www.acas.org.uk/index.aspx?articleid=1339