Employment tribunals
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An employment tribunal deals with legal disputes to do with work - if you make a claim, there are procedures that need to be followed and you should understand what happens when your claim is heard.
Employment tribunals hear cases involving employment disputes. They're less formal than some other courts, but you give evidence on oath, and if you lie you can be convicted of perjury.
The majority of cases are usually heard by a panel of three people – a legally qualified employment judge, and two 'lay members'. The lay members use their employment experience in judging the facts. However, for certain claims, such as for unfair dismissal, the employment judge sits on their own.
It's always best to try to sort out problems through discussion, and before you go to a tribunal, you should get specialist advice, particularly about your chance of success. You must:
- Follow your employer's grievance and disciplinary procedures (in most cases, a tribunal won't hear your claim unless you've tried putting in a grievance first)
- Check that your claim can be heard by the tribunal
- Make sure you are within the time limits
First complete a form ET1, which you can get from:
- Jobcentre Plus
- Acas
- Your local Citizen's Advice Bureau (CAB)
- An employment tribunal office
- The employment tribunal service's website
Use the form to give information about yourself, your employer and your complaint, and confirm that you've followed your employer's grievance procedures when necessary. If you're complaining of unfair dismissal, you don't have to have used the grievance procedures, but your employer should have used the disciplinary procedures.
Send the form to the employment tribunal's central office. They'll send a copy to your employer, who has to respond within 28 days.
Most employment tribunal applications must be made within three months of the incident, but this can vary. Tribunals will only extend the time limit in exceptional circumstances. Check the time limit in your case by calling the employment tribunal helpline on 08457 959 775.
The tribunal will check whether you can make the claim. If there's any doubt, there'll be a preliminary hearing, usually in front of the employment judge.
The tribunal can decide that your claim isn't likely to succeed and order a pre-hearing review to look at the issues. If they think you are unlikely to succeed, they can make you pay a deposit of up to £1,000, which you won't get back if you lose.
If the case proceeds, 'case management discussions' can be held to clarify any issues. The tribunal can also ask for further information from you or your employer if they're unclear about the claim.
Try and settle your claim before going to the tribunal because you're not guaranteed of winning. You can usually withdraw your complaint at any time before the hearing. Acas will offer free and impartial conciliation to you and your employer.
The tribunal will inform you of the date of your hearing.
You don't have to appear in person, but you must tell the tribunal if you want the case to be heard in your absence.
When preparing for the hearing, ensure that you have all the documentation that you intend to use. It usually helps to consider things in date order to provide a sequence of events. If you're going to use any documents, you'll need to tell the other side, giving them at least seven days' notice before the hearing.
At the hearing you (or your representatives) and your employer put your cases to the panel and answer questions. The panel or employment judge then comes to a decision.
You can take witnesses to the hearing who can give evidence to support your case. If any witnesses you would like to be there refuse to go, you can ask the tribunal to order their attendance.
You can represent yourself, and the panel will try to make things clear for you. The procedures are quite informal. There's no legal aid, but if you're a member of a trade union, they may pay for a solicitor.
Some household insurers pay reasonable legal costs - check your policy documents.
Unlike other courts, tribunals don't usually order either side to pay costs unless they decide you or your employer acted unreasonably in bringing the case, or if any representatives at the hearing behaved unreasonably.
The tribunal can order your employer to pay compensation, which is unlimited for discrimination or dismissal related to six specified grounds related to health and safety.
For unfair dismissal claims, the award is made up of:
- The basic award, based on your salary (subject to a maximum weekly limit), age and length of service
- A compensatory award, which has a maximum limit of £74,200 (although the maximum is rarely awarded)
Compensation is intended to replace lost earnings - there's no payment for hurt feelings (apart from in discrimination cases). You have to try to reduce your loss (e.g. by getting another job or claiming benefit).
The tribunal can order your employer to give you your job back if you win a dismissal case, if you want it.
You can ask the tribunal to review its decision, although the grounds are limited. It's also possible to appeal to the Employment Appeal Tribunal, which only looks at points of law (so you can't appeal if you think the tribunal just got the facts wrong).