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Employment
Employment Tribunals: an introduction
An Employment Tribunal deals with legal disputes to do with work. Before applying to an Employment Tribunal see if you can resolve your problem another way and check if you are entitled to make an Employment Tribunal claim.
Employment Tribunals
Employment Tribunals hear cases involving employment disputes. They are less formal than a court. However, you give evidence under an oath or affirmation, and if you lie you can be convicted of perjury.
Cases are usually heard by a panel of three people, called a 'Tribunal'. It is made up of a legally qualified Employment Judge, and two 'lay members' that represent the employee and employer sectors. The lay members use their experience to bring balance to proceedings.
Sometimes the Employment Judge will sit alone. For example, to hear any legal arguments or to deal with financial claims caused by the termination of your employment.
There is no charge for making a claim at an Employment Tribunal. So unless you are paying a representative (for example, a solicitor) there is no cost in making a claim.
If you live in Northern Ireland there are some differences in the law.
Before making a claim to an Employment Tribunal
It is often better to try to sort out problems informally with your employer before going to an Employment Tribunal.
In most cases you should try to resolve the problem through your employer's grievance or disciplinary process before you make a claim. You could also try the help of a third party (mediator or conciliator).
Before you make an Employment Tribunal claim, you should consider seeking specialist advice, particularly about your chance of success.
If your dispute is likely to turn into an Employment Tribunal case, Acas (the Advisory, Conciliation and Arbitration Service) may be able to offer you a free conciliation service. This is available before you make a claim to the Employment Tribunal. You can contact the Acas helpline to find out if this is suitable for you.
Employment Tribunal claims
Call the Acas helpline
08457 474 747
Monday to Friday
8.00 am to 8.00 pm
Saturday
9.00 am to 1.00 pm
You may want to consider making an Employment Tribunal claim if:
- You have tried informal and formal options for sorting out your problem at work
- You still feel your concerns have not been addressed
Most people find making a legal claim a challenging process. It is important to understand the key aspects of the law and procedures that will apply in your Employment Tribunal case. You probably want to seek advice at this stage, if you have not done so already.
Before making a claim to an Employment Tribunal, you must:
- check that your claim is something an Employment Tribunal can consider
- make sure you are within the statutory time limits for bringing a claim
It is advisable that you follow your employer's grievance and disciplinary procedures before making an Employment Tribunal claim.
Claims that can be heard by an Employment Tribunal
An Employment Tribunal can only decide cases relating to specific rights, so it is important you know what you are claiming. For example, if you are complaining about not being paid, it is called 'unlawful deductions from wages'. If your employer treats you less favourably because you are disabled, it is 'disability discrimination'.
Time limits
In most cases, you must make an Employment Tribunal application within three months of the date when the matter you are complaining about happened. This time limit can vary depending on what your claim is about.
Employment Tribunals will not usually accept claims received after the relevant time limit. Though in very exceptional circumstances they may agree to extend it. You can check the time limit for your case by calling the Employment Tribunal helpline on 08457 959 775.
Following grievance and disciplinary principles
An Employment Tribunal will look at whether you and your employer have followed the principles in the Acas Code of Practice on disciplinary and grievance procedures (the Code). The Code sets out the principles you and your employer should follow to achieve a reasonable standard of behaviour in handling grievance and disciplinary cases.
An Employment Tribunal will consider whether a failure to follow the principles in the Code was unreasonable. It can choose to adjust awards by up to 25 per cent if it considers that you or your employer acted unreasonably.
Further guidance can be found in 'Discipline and grievances at work: the Acas guide'. This guidance does not form part of the Code. It has been prepared by Acas to help you and your employer understand the Code and how to reflect it in procedures and behaviour.
Where to get help
Acas offers free, confidential and impartial advice on all employment rights issues.
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
If you are a member of a trade union, you can get help, advice and support from them.
You can get legal advice from a solicitor or advice agency.
