EMPLOYMENT
TRIBUNALS
ABOUT TRIBUNALS
Tribunals can be a stressful, emotional process and you might need legal support to get you through it. We provide employment tribunal employee support so that the process becomes easier for you.
The strength and depth of advocacy experience means that it is rarely necessary to instruct a barrister. Barristers would be involved only in exceptional circumstances and with your prior consultation and agreement. This approach ensures absolute continuity throughout the process of litigation.
At the same time it means that we can provide you with exceptional care and support which is paramount during this difficult, demanding and emotional experience. Employment tribunals require careful preparation and sound advice. If you are taking your employer before a tribunal we can offer the support and expertise you’ll need on the day.
THE PREPARATION PROCESS
As well as representing your case before the tribunal our employment tribunal consultant services can help you with:
GATHERING AND PRESENTING EVIDENCE
In order to properly draft a claim, it is important that the details of all the relevant circumstances surrounding the case together with all relevant documentation are provided. This is required to assess the merits of your claim.
FORMALLY SUBMITTING YOUR CLAIM
The employment tribunal may reject claims if they fail to supply the minimum information required and they may also reject claims for substantive defects. Therefore, it is important that the claim is drafted appropriately from the outset.
PREPARATORY STEPS TO THE FINAL HEARING
This is undertaken when we have received the Case Management Order which sets out a timetable of work that needs to be done to prepare the case for a forthcoming hearing. We will advise and carry out any such preparation, which may include:
- The preparation and exchange with the other party a list and copies of all documents that both parties have that are relevant to the issues in the proceedings.
- Obtain and exchange any expert reports required.
- The preparation and service of a Schedule of Loss setting out details of the financial compensation claimed.
- Preparation and exchange of written witness statements.
- Agree the contents of and prepare an indexed and paginated documents bundle.
CONDUCTING DIRECT & THIRD-PARTY NEGOTIATIONS ON YOUR BEHALF
Our personal employment tribunal solicitors offer negotiation of settlement packages which often provide an economical way to resolve a dispute while avoiding the inherent costs of attending an employment tribunal.
The directions order will usually give the dates the case will be heard by the tribunal. The number of days set aside for the hearing will depend on the complexity of the case and the number of witnesses each side intends to call.
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THE EMPLOYMENT TRIBUNAL PROCESS
MITIGATION EVIDENCE
In support of any claim made for compensation and whilst unemployed, the claimant needs to take active steps to find suitable employment. This is known as attempting to “mitigate your loss”. For example, registering with employment agencies, online job sites and signing on with the Job Centre, together with regularly searching appropriate newspapers and traditional media for vacancies.
It is very important that comprehensive documentary evidence is retained to show the steps that have been taken to mitigate your loss, including:
- Retention of all copies of jobs applied for
- Applications made and responses received
- A record of the reasons why any apparently suitable positions have not been pursued together
- A diary recording steps taking in your job search
As experienced employment lawyers for employment tribunals, we can help you collate and prepare all of this information ahead of the hearing.
THE HEARING
Employment tribunals are less formal than the High Court and County Courts. The overall objective of the tribunal is to deal with cases fairly, in good time and proportionately, whilst minimising expense and keeping the parties on an equal footing.
In the tribunal, the parties are known as the “claimant” (the party bringing the claim) and the “respondent” (the party defending the claim).
THE TRIBUNAL'S DECISION
Depending on the length of the hearing, it is probable that the tribunal will “reserve” its decision. How long you will then have to wait for the written decision will depend on the tribunal’s workload, but it can be several weeks or months before a decision is issued.
Once the written reasons for the tribunal’s decision are sent to the parties, the unsuccessful party has 14 days to apply for the tribunal to reconsider its decision and 42 days to appeal. Appeals are only allowed on points of law (and not because a party disagrees with the tribunal’s decision) and are made to the Employment Appeal Tribunal (EAT).
LEGAL COSTS
Even if you are successful in your claim[s], it is very unlikely that the tribunal will make an order requiring the respondent (former employer) to pay for your legal costs.
As a result, even if you have a strong claim, you may wish to keep the level of your costs under review. Negotiating a settlement package is one of the areas of expertise offered by us which often provides an economical way to resolve a dispute if a conclusion is reached avoiding the inherent costs of attending an employment tribunal.
Considering whether an “economic settlement” of the claim might be in your best interests is important to avoid increasing legal costs.
SETTLEMENT
In addition to the cost of bringing or defending an employment case, there are a variety of additional factors that need to be considered, including:
- The time it can take
- The stress it can cause
- The risks and uncertainty of litigation
- The impact of publicity, which may make settlement an attractive option for either party
The vast majority of employment cases seen by our personal employment tribunal solicitors do in fact settle before a final hearing. There are two possible means of settlement:
- Through ACAS (the Advisory, Conciliation and Arbitration Service). Even if pre-claim conciliation has not been successful, ACAS can continue to assist the parties in facilitating a settlement after proceedings have been issued.
- By means of a settlement agreement negotiated by direct discussion between the parties’ representatives.
EMPLOYMENT CLAIMS AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
There are a number of ways both parties can attempt to resolve an employment dispute and reach a settlement, either before or after it becomes the subject of a tribunal claim. These include:
Negotiating directly and enter into a Settlement Agreement
Entering into a Private Mediation whereby they arrange for a neutral third party to try to help them reach a settlement
Where proceedings have been issued, the claim may be considered suitable for judicial mediation by an employment judge
They may be assisted by ACAS to reach a settlement, which includes conciliation
Employment Tribunals, wherever practicable and appropriate, encourage both parties to resolve their disputes by agreement which includes exploring the possibility of settlement or mediation.
- Negotiating directly and enter into a Settlement Agreement
- Entering into a Private Mediation whereby they make arrangements for a neutral third party to try to help them reach a settlement
- Where proceedings have been issued, the claim may be considered suitable for judicial mediation by an employment judge
- They may be assisted by ACAS to reach a settlement, which includes conciliation
Employment tribunals, wherever practicable and appropriate, encourage both parties to resolve their disputes by agreement which includes exploring the possibility of settlement or mediation.
RESOLUTION METHODS
EMPLOYMENT TRIBUNALS and ACAS
ACAS is an independent, impartial organisation that is available to both parties to an employment dispute with regard to possible settlement.
MANDATORY ACAS EARLY CONCILIATION
As part of its reform of employment law, the government decided to impose a duty on the parties to attempt conciliation through ACAS before proceedings could be issued in most claims. In many cases, an ACAS conciliator may appear to be little more than a messenger between parties who are represented by solicitors.
Negotiating a settlement package using our personal employment tribunal solicitors often provides an economical way to resolve a dispute if a conclusion is reached, avoiding the inherent costs of attending an employment tribunal.
EARLY CONCILIATION (EC): OVERVIEW
As part of its plans to make the tribunal system more efficient, the government decided to impose a duty on the parties and ACAS to attempt early conciliation (EC) of most employment disputes (relevant proceedings) before a tribunal claim can be issued.
ARE YOU LOOKING FOR HELP WITH YOUR TRIBUNAL HEARING?
Then speak to us today to discuss how we could help