Employment Tribunal Representation and Claims

Except in cases of personal injury, the majority of cases against employers will be brought to the Employment Tribunal. Typical employment tribunal claims include those for unfair dismissal, discrimination, and disagreements around trade union membership.

Tann Law Solicitors provide Employment Representation in a Diverse Range of Employment Cases.
Each case is unique, however, Tann Law’s Employment Law Specialists have successfully represented clients in a range of issues, including the following:

  • Whistleblowing
  • Wrongful Dismissal (a dismissal in breach of contract)
  • Unfair Dismissal (including Constructive Unfair Dismissal)
  • National Minimum Wage
  • Transfer of Undertakings (TUPE)
  • Equal Pay
  • Redundancy (including preparation of and advice on Settlement Agreements)
  • Discrimination (including discrimination on the basis of Sex, Disability, Race, Age, Religious Belief and Sexual Orientation)
  • Sexual Harassment and Victimisation
  • Maternity and Paternity Leave and Pay
  • Unlawful Deductions from Employee Wages (inc furlough related claims)
  • Less Favourable Treatment of Fixed Term Employees and Part-Time

Beginning a claim

The majority of workplace issues must first be reported to ACAS, or the Advisory, Conciliation, and Arbitration Service. The disagreement will then be resolved through an early conciliation process. This procedure is designed to resolve a disagreement without resorting to a formal tribunal. ACAS bypasses the procedures associated with a tribunal and tries to assist parties in reaching a legally enforceable agreement. At the conclusion of the early conciliation process, the Tribunal Claimant will receive a certificate with a reference number.

If the parties are unable to achieve an agreement through ACAS, the Claimant may go to the Employment Tribunal. This must be done on Form ET1 and include specified information, such as the ACAS early conciliation number or confirmation that the obligation is waived. Additionally, the Claimant must submit the intended Claimants and Respondents’ names and addresses. Failure to comply with the conditions will result in the claim being rejected by the Employment Tribunal.

Responding to a Tribunal claim

Following acceptance of a claim, the Tribunal will send a copy of the claim form, along with the appropriate response form, Form ET3, to the claimant. Additionally, the Tribunal will communicate how to submit a response, the deadline for submission, and the implications of failing to respond on time. Failure to use Form ET3 when submitting a response will result in the response being rejected. Additionally, a response may be rejected if it does not contain the respondent’s complete name and address, if it does not state whether the respondent desires to defend any aspect of the claim, or if it is received after the time limit has passed.

If additional time is required, the respondent must submit an application to the Tribunal, together with a draught response or an explanation as to why a draught response cannot be submitted. The Claimant will be given an opportunity to explain why the extension should be denied, and the application will be decided by an Employment Judge.

Responding ineffectively

If an employer fails to reply to a claim or does not contest any of the claims stated, an Employment Judge will determine whether a finding may be made on the basis of the available evidence. This could be for the entire claim or just a portion of it, in which case a judgement will be entered. In the absence of a determination, a hearing before a Judge will be scheduled.

Even if an employer does not react, he or she will be notified of any Tribunal proceedings or conclusions. They may also engage in proceedings, but only to the extent permitted by the Judge.

Consider the following:
If the employer’s response is accepted, the Employment Judge will evaluate all materials submitted to the Tribunal, including the Claim form and the Response. This could result in the Tribunal issuing a case management order, dismissing the claim in its entirety or in part, or dismissing the response in its entirety or in part. If the Judge concludes that the Tribunal lacks jurisdiction, the claims will be rejected. Both claims and answers may be rejected if the Judge determines they have a remote possibility of success.

If the claim is allowed to proceed following the initial review, the Judge will enter a case management order. This could entail the parties attending mediation, disclosing documents, or submitting loss schedules. Additionally, it may provide guidance on expert or witness testimony. A preliminary hearing may be ordered in the event that it is deemed essential.

Employment Tribunal Hearings and Court Proceedings

Employment Tribunal hearings are similar to court proceedings, but with lesser formality. The tribunal will be composed of three members: an Employment Judge and two members who are not legal professionals. One of the people who are not legally qualified will have worked for an employer, while the other will have worked for an employee.

You do not need to pay any costs for employment tribunal hearings in order to bring an Employment Tribunal claim. If you lose an employment tribunal action, there is a slim likelihood that you will be required to pay your employer’s court costs.

The Tribunal will choose which party will be heard first, Claimant or Respondent. Following the presentation of evidence, each side will have an opportunity to cross-examine the opposing party’s witnesses. Following the conclusion of the evidence, the parties will have the opportunity to make closing arguments. Following that, the Tribunal will reach a determination. This may be communicated on the day of the hearing, or the Tribunal may request additional time. If additional time is necessary, the parties will be notified in writing of the decision.

Find decisions on Employment Tribunal cases in England, Wales and Scotland

Employment Tribunal Costs

Employment tribunal costs refer to the money spent by you or your employer to bring the dispute to a tribunal. If you lose the claim, the judge may require you to pay the costs of your employer. If you prevail in your claim, the judge may order your employer to reimburse you for your legal fees.
At the moment, the Employment Tribunal does not charge any fees or costs for filing a claim. By and large, the Employment Tribunal is a “no-cost” system, with each party bearing their own solicitors’ or barristers’ expenses.

There are exceptions, and the Tribunal may impose costs on a party in certain circumstances. This may include instances where a party acted irrationally throughout the proceedings or when a claim or response had no realistic possibility of success. Additionally, the Tribunal may order costs in the event that a party violates an order or causes a hearing to be postponed late.

Tann Law Solicitors has expertise representing both employees and employers in employment disputes. Contact our office for additional information or to discuss your situation and employment tribunal costs.

This post is for informational purposes only and does not constitute legal advice. This article is not intended to be relied upon. Before determining whether to pursue legal action, you should always seek legal advice from a qualified lawyer.