Making A Claim to an Employment Tribunal
The Employment law dispute system
Employment legislation, individual employment contracts, and common law are the three primary sources from which employment rights are derived. When an employer violates an employee's employment rights, it is often the responsibility of the employee to litigate the matter. The system of employment tribunals is the one that is used to do this in Great Britain. Acas, which stands for the Advisory, Conciliation, and Arbitration Service, is not a component of the tribunal service; yet it plays a significant role in this process by offering advice and trying to independently settle conflicts before they are brought before a tribunal. Acas was put in place as an alternative to litigation to lower the number of cases the Employment Tribunal must deal with.
Making a claim to an employment tribunal
It is possible for an employee to file a claim if they believe that they have been treated in an illegal manner at work by their current employer, a future employer, or a trade union. Some examples of unlawful treatment include discrimination in the workplace, unfair dismissal of employment, violation of contract, and unlawful deductions in wages.
The time limit restriction for filing a claim is quite stringent, and there are very few exceptions to this rule. These include:
1. Most claims in three months
2. period of six months for filing claims about equal pay or redundancy pay
To ensure that their claim against their company (or respondent) is filed in a timely manner, it is the obligation of the employee (or claimant) to make sure things are done. This means that a claimant may still file a claim even after the time restriction has passed. It is up to the judge of the employment tribunal to determine whether to accept it. If the time restriction has already gone, employees may seek help from Acas by contacting them.
Steps before making a claim to an employment tribunal
Before filing a claim with an employment tribunal, employees should ensure that they have completed the following essential steps:
Grievance processes that are either employee-based or workplace-based; and
Get in touch with Acas and think about doing early conciliation.
Work-based grievance procedures
Employees should try to speak with their employers about any issues they are experiencing, either informally or via a formal grievance system. Additional information on the proper functioning of grievance proceedings has been released by Acas. If there is no formal grievance policy or process in place, the employer is required to at the very least adhere to the Acas Code of Practice on various grievance and disciplinary proceedings.
When it comes to employment, a tribunal will investigate whether the informal and formal procedures have been completed. If there are legitimate grounds for not doing so, such as the fear of having to deal with the employer in a case of harassment, the tribunal will take such into consideration.
Acas Early conciliation
Those who are employed are required to inform Acas that they may want to file a claim with an employment tribunal. They are going to be offered "early conciliation" by Acas. Before a dispute is brought before an employment tribunal, this is intended to assist in resolving concerns. When an employee begins the early conciliation procedure, the time restriction for a claim is placed on hold. This occurs during the early conciliation phase. The time restriction is not being delayed in any way. It is possible that the employer, rather than the employee, is the one who makes the request for early conciliation.
During the early stages of the conciliation process, a claimant has the option of representing themselves or having another person, such as a friend, a union official, or a lawyer, represent them.
A settlement form, also known as a COT3 form, will be used to document any agreement that is made during the early stages of the conciliation process. When this is agreed upon, it becomes legally obligatory even before it is signed, and the matter cannot be brought before a tribunal once it has been agreed upon. If it becomes necessary, an early conciliation settlement reached by Acas may be enforced, either with assistance from Acas or via the assistance of a High Court Enforcement Officer.
If an agreement cannot be reached, Acas will issue an early conciliation certificate. An early conciliation certificate provides the claimant with a minimum of one calendar month to file a claim with an employment tribunal.
Employment Tribunal Claim
To bring a matter before an employment tribunal, the claimant should utilise the claim form that is provided by the government, which is referred to as the "ET1 form." The complaint should be expressly stated on the form in a clear and concise manner. Claimants are not required to pay any fees to file a claim; however, they may be required to pay additional costs, such as legal fees if they are employing a lawyer.
The Employer and the Employment Tribunal Claim
It is possible for the respondent to request further information from the claimant to better comprehend the claim. The respondent is required to provide a response within a period of 28 days; however, they can request more time when necessary, such as when a crucial witness is unavailable. A decision about the matter may be made by the tribunal without a complete hearing if the employer does not answer within the allotted time frame of 28 days (and does not have an extension).
Following the employer's response, the employment tribunal will decide about whether to hold a final hearing. If necessary, a preliminary hearing may also be convened.
It is possible for the claimant and the respondent to request a copy of the papers that they need to prepare from one another. This is called exchange of documents. As an example, this may include of a copy of the employment contract or minutes from meetings that are pertinent to the situation.
Even at this late point, Acas is still able to provide help to achieve an agreement. The term "conciliation" refers to the process that takes place after a claim has been made, as opposed to "early conciliation." During an employment tribunal, conciliation may go further.
The Employment Tribunal Hearing
Tribunals for employment are either presided over by employment judges who are sitting alone or by a panel that consists of one employment judge and two members who are not legal professionals. Both claimants and respondent need to make sure that they have organised themselves in advance.
A person who is making a claim has the option of either representing themselves or having a representation, such as a friend or a barrister. In most cases, the case of the claimant will be given first, and then the evidence of the respondent will be offered.
Both the judge and the members of the panel, as well as the other side, can ask questions of both parties. The judge or panel of the tribunal will then come to a decision, which will be communicated to the parties involved following the hearing and will be published on GOV.UK.
After the Employment Tribunal Hearing
The tribunal has the authority to order the employer to act if a claimant is successful. This action may include the payment of compensation, the payment of certain expenses, the improvement of working conditions, or the reinstatement of the claimant's employment. Respondents have forty-two days to file an appeal.
The claimant can petition the court to compel payment if they do not obtain the compensation award. If a claimant is in England or Wales, they can request that a High Court enforcement officer, which is comparable to a bailiff, demand payment. Another option for a claimant is to request that the local County Court dispatch an enforcement officer. In Scotland, a claimant can request that the tribunal office that represented them in the case deliver them an "extract of the judgement." This document may then be used by a sheriff officer to compel payment.
An appeal may be filed within fourteen days after a claimant's loss. If they want the matter to be reassessed, they are required to submit a letter to the office of the tribunal explaining their reasons. In addition, if they believe that there has been a mistake in the law, they have the option of appealing to the Employment Appeal Tribunal.
If you need help making an Employment Tribunal Claim
We will be able to give coaching and work with you to produce the Particulars of Claim for ET1 Employment Claim Form once we have completed an in-depth review of the challenges that are provided by the case.
