Employment Tribunal Representation
Our employment lawyers are experts on Employment Tribunal claims at all stages of the litigation process from preparing the claim to carrying out or arranging advocacy on your behalf at a tribunal hearing.
In each case we will assess the risks and provide an expert assessment of the likely outcome of the litigation. Often claims settle and we can advise you as to the appropriate settlement value of any given claim. At tribunal hearings we aim to, and in most cases do, achieve a successful outcome for our clients.
The Employment Tribunal Process
Throughout an Employment Tribunal claim we will keep you informed of what is happening and react quickly to any developments.
A typical Employment Tribunal case may include the following stages:
- Pre-claim conciliation
- Lodging of the Claim and Response
- Preliminary Hearing
- Issue of case management directions
- Judicial Mediation
- Exchange of witness statements
- Full Hearing
- Remedies Hearing (if the Claim succeeds and remedy is not dealt with at the Full Hearing)
Pre-claim Conciliation is now mandatory
From May 2014 early conciliation (EC) through Advisory, Conciliation and Arbitration Service (ACAS) is now mandatory before a claim can be lodged with the Employment Tribunal. As part of this process, you must complete a simple form with you and your employer’s contact details. On receipt an ACAS case worker will contact the parties to see if they wish to take part in conciliation to resolve the matter. Assuming the matter is not settled through EC you will be able to proceed with lodging the claim with the Employment Tribunal. The Employment Tribunal service do not charge any court fees. A copy of the claim will be sent to the employer who has 28 days to lodge its Response.
Depending on the type and complexity of the claims(s) brought, the Employment Tribunal may arrange a preliminary hearing to understand the issues raised in the claim(s) and to give directions for the management of the case. Preliminary Hearings may be conducted at the Employment Tribunal venue with the parties present or, sometimes, by way of a telephone or video conference call between an Employment Judge and the parties or their representatives. In more straightforward cases standard case management directions may be issued by post to the parties without a Preliminary Hearing.
Standard Case Management Directions
Standard case management directions will require the parties to disclose all documents that are relevant to the claim(s) and to agree a bundle containing all the relevant documents for use at the Full Hearing of the case. The parties will also have to prepare and exchange witness statements containing the evidence of their respective witnesses who will appear at the Full Hearing.
The duration of the Full Hearing will depend on the type and complexity of the claims(s) brought. In an ordinary unfair dismissal case, the Full Hearing is typically between 1 to 3 days. If you are successful then the issue of remedy (in unfair dismissal cases this includes reinstatement, reengagement or compensation) may be dealt with at the Full Hearing or, if there is insufficient time, at a later Remedies Hearing.
A Full Hearing to assess a discrimination claim would typically last 3 to 5 days.
Employment Tribunal claims are often settled, and this may occur at any stage including before or during a Full Hearing or after the Tribunal has given a judgment on liability but not yet dealt with remedy and has listed the matter for a Remedies Hearing. Settlement is normally done via ACAS using an agreement known as a COT3 or by using a Settlement Agreement.