If you believe your treatment at work has been unlawful you can make a claim to an employment tribunal. This could be for unfair, or constructive, dismissal, discrimination or unfair wage deductions; to name just a few reasons. Bringing such a claim can, however, be daunting. Our employment team understand this and will guide you through each step to ensure the process is as smooth and positive as possible.
When can I make a claim to an Employment Tribunal?
Making a claim to an employment tribunal must be done, usually, within a three-month time limit. There are exceptions to this, but for the ordinary case you must act quickly. Prior to making a claim you must also consult with ACAS and go through their early conciliation service.
This service is designed to settle disputes before tribunal becomes necessary. It’s important to note, that time which elapses during the early conciliation stage does not count against your three-month window.
If early conciliation fails to resolve the dispute you will receive a certificate showing that you completed the process. This is then used when making a claim to an employment tribunal. Once you receive this certificate your three-month clock immediately starts ticking once again.
How do I make a claim to an Employment Tribunal?
Claims can be made online or via post, but the details you submit are important. Whilst it is possible to complete the process without receiving advice and support doing so could result in you losing out. If you decide to consult with our employment team they will handle this side of the process for you and present your case in the best possible light.
What happens after I make a claim to an Employment Tribunal?
Generally, the respondent – the person, or organisation, you’re claiming against – has 28 days to respond. Following this response, the tribunal will decide on whether a full hearing is required. For example, if they fail to respond your case can be decided without a hearing.
In some cases, a preliminary hearing will take place where the judge will decide on time frames and which parts of your case can go ahead.
Following any preliminary hearings both sides will have the opportunity to request documents from the other. These documents might include written contracts, wage slips, dispute meeting notes or other forms of correspondence. This exchange of documents will usually be regulated by the tribunal with strict time frames and copy requirements.
What happens at an Employment Tribunal?
We’ll present your case to the tribunal. Following which the other side will present their case. Who goes first will depend on the type of case being brought – for example in unfair dismissal the respondent will present their case first. After each side has presented their case, any relevant witnesses will be called to give evidence and questioning by the tribunal regarding the respective cases will occur.
Once all of this is completed all that will be left is for a decision to made. This is either done on the day or afterwards. If it’s not possible to receive your decision on the day, you’ll receive a few days after via post.
What to do if I need help making an employment tribunal claim?
If you need help making an employment claim, we encourage you to get in touch with us as soon as possible. If you’re unsure on if you want to proceed you can take advantage of our free consultation without risk as a first step to making your claim.
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