Employment Tribunal
Employment Tribunals
The employment tribunals are an independent judicial body established to resolve disputes between employers and employees over employment rights. The tribunal will hear statutory claims about employment matters such as unfair dismissal, discrimination, wages and redundancy payments. The tribunal also has limited jurisdiction to hear certain breach of contract claims which are outstanding on the termination of an employee’s employment.
Employment tribunal Process
Start the claim with a ET1 and Particulars of Claim (This is done online. The most difficult and time consuming part of the ET1 form is 8.2 which is the particulars of claim. This requires an explanation of the claim(s). If the matter progresses to a hearing, the employment tribunal will first review this document. Therefore, the claim(s) upon which the claimant wishes the tribunal to adjudicate must be identified and described in the claim particulars with accuracy. This document can be drafted with the assistance of the Particulars of Claim templates, which will ensure that the required dates and information are included. It will provide a summary of the incident and explain why the complainant believes it was unlawful and discriminatory. If you need help to finalise one of our Particulars of Claim Templates I can coach you or check it for you.
The ET assigns a judge to review the claim to accept or reject.
The Respondent is posted the ET1 and given 28 days to respond.
The ET3 has to be drafted. (The ET3 is the form and attached with it is a defence it is referred to as the Ground of Resistance or GOR.
Judge then reviews the defence and either give order for preliminary hearing to resolve issues or gives directions. The ET sends them out and give 7 days to apply for amendment).
Preliminary hearing – is used to sort out issue or hear applications, i.e. strike out, payment into court, witness order, admissibility, specific disclosure etc… The preliminary hearing is also uses to agree a list of issues. These are questions the judges will have to adjudicate on, namely, the issues.
Directions. I.e. documents to be exchanged, final bundle of papers to be agreed, witness statements to be exchanged, set the hearing date and length or gearing needed, etc.
Final hearing. 5 days hearing for example or 2 weeks for a long and complicated case.
Judgement. This will be provided at the hearing or reserved and posted out in due course.
Remedy hearing. This is a hearing after the Claimant has won and compensation has to be decided. This is called quantum, which mean amount of compensation.
Appeal – this will have to be lodges with the Employment Appeal Tribunal (EAT).