Employment Law - Employment Tribunals

There are many Employment Tribunals throughout Great Britain and details of the nearest tribunal can be found at www.employmenttribunals.gov.uk.

The Tribunal will normally consist of 3 members – a legally qualified Employment Judge and 2 lay members (usually one trade union representative). The Employment Judge is allowed to sit alone for certain types of cases.

Time limits within the tribunal differ depending on the case, but the majority of claims must be presented within 3 months. For example, a claim for unfair dismissal must be presented within 3 months commencing with the effective date of termination of employment, but redundancy pay claims have a six-month time frame commencing with the termination date. Claimants may also bring more than one claim at a time against an employer.

Any claim should be made in writing on the ET1 form to the nearest tribunal applicable to the employee’s place of work. The employer will then have 28 days in which to file a Response on the ET3 form. The ET1 will contain the particulars of the claim and the ET3 is akin to a defence.

All ET1 forms are now sent to ACAS (Advisory Conciliation and Arbitration Service) by the Tribunal Office. ACAS will appoint an officer to try and reach a settlement prior to any hearing.

Should the case appear frivolous or weak, either party or the tribunal may request a pre-hearing review of the matter. In these cases parties may submit written representations or appear but with no witnesses present. It is for the Employment Judge to then decide whether or not the case should proceed. A deposit may be ordered as a condition of the claim proceeding.

Should the matter proceed, orders will be given by the Tribunal for the disclosure of documentation and exchanging of statements. The case will then be listed for hearing.

Although costs are rarely awarded in Employment Tribunals, there is a risk that should the Tribunal feel that the case is ‘frivolous, vexatious, unreasonable or misconceived’ an award for costs may be made in favour of one of the parties.

Although there is no requirement to be legally qualified to represent a party before the Tribunal the awards and costs elements are so high that legal representation is usually advisable.