Employees Employment Tribunal Claims
An employment tribunal will make decisions in respect of employment disputes. An employer should ensure that it implements processes and practices to avoid a claim arising.
What kind of claims can I issue at an employment tribunal?
An employment tribunal can deal with a wide number of claims, for example, unfair dismissal and breach of contract. However, the courts may also hear employment related claims in some circumstances, for example, breach of contract.
How do I issue a claim at an employment tribunal?
If eligible to bring a claim, an employee must first register with ACAS (the Advisory, Conciliation and Arbitration Service) under the early conciliation scheme before being able to issue a claim at an employment tribunal. The purpose is to enable the parties to seek to resolve the problem without recourse to litigation. Where the problem cannot be resolved, an employee may issue a claim at an employment tribunal on the form provided. There are strict timeframes for issuing claims.
How many claims can I issue at an employment tribunal?
An employment tribunal can deal with as many claims as has been issued provided that they comply with the requisite timeframes to do so. The claims would usually all be listed on the same claim form. Some claims might include, for example, unfair dismissal, discrimination and breach of contract. It can potentially be very costly both financially and in terms of management time for an employer to defend proceedings. This is why some employers may seek to negotiate a settlement package on a without admission of liability basis.
What can I expect during the employment tribunal process?
An employment tribunal will issue a number of orders early on in the case to ensure that both parties are ready by the time the hearing takes place. The orders can vary depending on the nature of the claims, but as a matter of course they will usually include dates relating to disclosure, preparation of the tribunal bundle of documents and detailed witness statements. There can be additional orders made during the proceedings which are specific to the case.
Can I avoid an employment tribunal claim?
An employer can avoid an employment tribunal claim by seeking to resolve the problem before a claim is issued at all. Any settlement would usually be outlined in a Settlement Agreement which is a confidential document that will prevent an employee from pursuing their employment rights in return for a financial settlement. It is a requirement that an employee seeks their own independent legal advice and it is usual for an employer to make a contribution towards that cost.
Other options can include the ACAS early conciliation process or, with the assistance of ACAS, a settlement at any time during an employment tribunal process.