Handling employment tribunal claims

Topic Index
Overview
Claim threatened
Early conciliation
Receiving a tribunal claim
Responding to a tribunal claim
Case management and Preliminary Hearings
Discrimination questions
Applications
The hearing
The decision
Costs
Conciliation

Overview


  • Maria Hoeritzauer and Owen Dear from Crossland Employment Solicitors provide an overview of the course of a typical claim in an employment tribunal. It reflects the various new and updated regulations governing employment tribunal procedure. 
  • Many employers will face an employment tribunal claim at some stage during the course of their business. Employment tribunals adjudicate on disputes that arise between employers and employees. They are designed to be less formal than other courts. They are governed by their own procedures and there are no formal rules of evidence.
  • It is possible for parties to represent themselves in the employment tribunal, but legal advice and representation is almost always useful and beneficial.
  • Naturally, one size does not fit all and this guidance should not be used as a substitute for specific legal advice. This information is directly relevant for tribunal proceedings in Great Britain, although there are some differences in the language and the way the tribunals deal with claims and witness statements (for example) in Scotland. Legal advice should be sought in such cases.
  • Users of the employment tribunal system have to pay fees but in some instances may be eligible for a fee remission.
  • In the tribunal system the employee is referred to as the ‘claimant’ and the person against whom the claim is made (usually the employer, although sometimes individual employees can be named as well) is referred to as the ‘respondent’. In this Checklist we usually refer to them as ‘employee’ and ‘employer’.
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