Employment tribunal procedure

Tribunals have “an Overriding Objective” to deal with cases justly and cost efficiently.  This includes, insofar as possible, ensuring that cases are dealt with fairly and expeditiously and in ways which, whilst proportionate to the complexity and importance of the issues, minimise expense and keep the parties on an equal footing.

Preparation

A Claim Form (“ET1”) must be submitted to the Tribunal within the three month time limit.  Providing the Tribunal accepts your claim, they will then serve a Response Form (“ET3”) on your employer, who will then have 28 days to complete and return it to the Tribunal.   You are then referred to as the “Claimant”, and your employer as the “Respondent”. 

The Tribunal will then either send both parties a written Order for Directions or set a date for a Case Management Discussion  to decide the appropriate Directions and dates.  Directions include preparing and exchanging a list of relevant documents, preparing a Schedule of Loss, exchanging Witness Statements and creating a paginated Bundle of Documents for use at the Tribunal Hearing.  The Tribunal will also write with a Notice of Hearing listing a date for the Final Hearing, including the number of days it is likely to take.

The Hearing

Employment Tribunals are less formal than the High Court and County Court (for example, there are no wigs or gowns).  Tribunal claims are heard in public by a panel of three, one being a legally qualified Employment Judge, and two lay members, one who is drawn from an employee’s organisation, and one from an employer’s organisation.  Each member of the Tribunal is impartial.

Compensation

After the Hearing, the Tribunal may give its decision on the day or may “reserve” its decision, writing to the parties at a later stage to provide an outcome to the Hearing.  If you have been successful and the Tribunal did not have time to decide compensation at the Hearing, they will list a “Remedies Hearing” to assess the level of compensation to be awarded, or to order reinstatement or re-engagement. 

You are under an ongoing duty to “mitigate your loss”, that is, to search for alternative employment on similar terms and conditions.  You should therefore keep a record of your search for work.

If either party does not agree with the decision of the Tribunal, they have 42 days to appeal to the Employment Appeal Tribunal.   

Settlement

In discrimination claims or claims of a high value or complex nature, you may be invited to attend a judicial mediation to try to settle your claim without the need to go to Court.  The Advisory, Conciliation and Arbitration Service (“ACAS”) will be notified of your claim when you submit your ET1, and will help you settle the claim if you wish to do so. 

It is important to note that unlike the County Court or High Court, costs are generally not awarded in Tribunal proceedings and each party bears their own costs.  There are exceptional circumstances where costs may be awarded, for example, if either party  has acted "vexatiously, abusively, disruptively, or otherwise unreasonably", or they have been "misconceived" in bringing or  defending  proceedings.   Such awards, however, are highly unlikely.

It can often take 3-6 months from the date you issue your claim in the Tribunal until the case is heard, and sometimes longer if it is a complex matter and a long hearing is required.