What is an Employment Tribunal?

​Employment tribunals are legal hearings where employees and employers resolve workplace disputes. Common issues include unfair dismissal, discrimination, equal pay and unpaid wages.

Before taking your case to the tribunal, it’s important to discuss all options with your employer about how things can move forward. If that doesn’t work, the next step could be to try to settle the matter through ACAS (Advisory, Conciliation and Arbitration Service). ACAS is a free service that helps mediate disputes. 

If these discussions fail to provide a suitable resolution, the employment tribunal process can step in. While less formal than a court, tribunal decisions are legally binding and must be followed by both parties.

How long do you have to bring an employment tribunal claim?

It is important to understand, how long you have to bring an employment tribunal claim. You don’t want to miss the boat!

In most cases, you have three months minus one day from the date the workplace issue happened to bring an employment tribunal claim. This applies to claims, such as unfair dismissal or discrimination. Before filing a claim, you usually need to go through the ACAS, which extends the deadline slightly.

For some types of claims, such as redundancy, the time limit is six months minus one day. It’s important to act quickly, as missing the deadline can prevent you from making a claim.

What happens at an employment tribunal?

You may feel daunted at the thought of what happens at an employment tribunal. However, being forewarned is forearmed so understanding the process is useful.

The employment tribunal process begins with both parties attending the hearing. The tribunal is overseen by a judge and may include panel members. At the start, the judge will review the case and ensure all pre-hearing directions are followed.

The claimant (usually the employee) presents their case first, providing evidence and calling witnesses if necessary. The employer (respondent) will then present their defence, also with evidence and witnesses. Both sides may cross-examine witnesses.

After all evidence is heard, the judge (and panel, if present) will deliberate and make a decision. It can be given immediately or later in writing. If the tribunal rules in favour of the claimant, they may award compensation or require other actions to resolve the dispute.

What happens at an employment tribunal

What happens if you win a tribunal?

If you win an employment tribunal, the tribunal may order your employer (the losing party) to take action, depending on the type of case. This may include:

  1.  
    • Compensation: The tribunal may order your employer to pay you compensation. The amount will depend on your claim, such as unfair dismissal or discrimination.
    • Reinstatement or Re-engagement: In some cases, the tribunal may order the employer to reinstate your job or offer you a similar position.
    • Other Orders: For discrimination claims, the tribunal can declare that you were discriminated against and take steps to prevent it from happening again. Employers may also be required to change workplace policies or procedures.

However, winning your case does not automatically mean your employer will cover your legal employment tribunal costs unless specifically ordered by the tribunal.

What happens if I lose an employment tribunal?

We’ve talked about what happens if you win a tribunal, but what happens if you lose a tribunal?

If you lose an employment tribunal, several things can happen:

  1.  
    • You may have to pay costs: In most cases, each side covers its legal fees. However, the tribunal may order you to pay your employer’s legal costs if it finds your claim unreasonable or without merit.
    • No compensation: If you lose, you won’t get the compensation or solutions you were hoping for from the tribunal.
    • Appeals: You can challenge the decision if you think the tribunal made a legal mistake. The appeal must be made to the Employment Appeal Tribunal (EAT) within 42 days of the tribunal’s written decision.
    • Reputational impact: Losing an employment tribunal can affect your reputation, especially if the details of the case are made public.

It’s important to review the tribunal’s reasons for the decision carefully and seek legal advice from a settlement agreement solicitor if you’re considering an appeal.

How much are employment tribunal costs?

There are no fees to claim an employment tribunal in the UK, meaning you do not have to pay to bring your case. 

However, you may have to pay other costs, for example:

  • witness expenses
  • If the tribunal decides you acted unreasonably, you might have to pay the legal costs of who you’re claiming against.

Take Control of Your Employment Tribunal Case

Are you struggling with an employment dispute? Understand the employment tribunal process, from ACAS mediation to legal costs. Protect your rights with expert advice.

Get expert legal advice today to better understand your options, avoid costly mistakes and increase your chances of success. Our experienced team will guide you through the steps, from filing your claim to preparing for the hearing.

Contact us now and secure the support you need to protect your rights.

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