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Employment Tribunals
An Employment Tribunal deals with legal disputes to do with work. Find out how they work, how to make a claim and what happens when your claim is heard.
What is an Employment Tribunal?
Employment Tribunals hear cases involving employment disputes. They're less formal than some other courts, but you give evidence on oath, and if you lie you can be accused of perjury. If you live in Northern Ireland, there are some differences in the law (see section below on Tribunals in Northern Ireland for more details).
Cases are usually heard by a panel of three people - a legally qualified chairperson, and two 'lay members'. The lay members use their employment experience in judging the facts. Sometimes the chairperson sits on their own (for example, to hear any legal arguments).
There is no charge for making a claim at an Employment Tribunal. So unless you are paying a representative such as a solicitor there is no cost in making a claim.
Do you need to go to an Employment Tribunal?
It's always best to try to sort out problems through discussion, and before you go to a tribunal you should get specialist advice, particularly about your chance of success. You must:
- follow your employer's grievance and disciplinary procedures (in most cases, a tribunal won't hear your claim unless you've tried putting in a grievance first)
- check that your claim can be heard by the tribunal
- make sure you're within the time limits
Starting the process
First complete a form ET1, which you can get from:
- Jobcentre Plus
- your local Citizens Advice Bureau (CAB)
- an Employment Tribunal office
- the Tribunals Service website
The CAB can help you complete the form.
Use the form to give information about yourself, your employer and your complaint, and confirm that you've followed your employer's grievance procedures when necessary. If you're complaining of unfair dismissal you don't have to have used the grievance procedures but your employer should have used the disciplinary procedures.
Send the form to the Employment Tribunal's central office. They'll send a copy to your employer, who has to respond within 28 days.
Time limits
Most Employment Tribunal applications must be made within three months of the incident, but this can vary. Tribunals will only extend the time limit in exceptional circumstances. Check the time limit in your case by calling the Employment Tribunal helpline on 08457 959 775 (9.00 am to 5.00 pm Monday to Friday).
Will your claim go ahead?
The tribunal will check whether you can make the claim. If there's any doubt, there'll be a preliminary hearing, usually in front of the chairperson.
The tribunal can decide that your claim isn't likely to succeed and order a pre-hearing review to look at the issues. If they think you are unlikely to succeed, they can make you pay a deposit of up to £500, which you won't get back if you lose.
If the case goes ahead, 'case management discussions' can be held to clarify any issues. The tribunal can also ask for further information from you or your employer if they're unclear about the claim.
Settling the issue before a hearing
Try and settle your claim before going to the tribunal - remember, you may not win! You can usually withdraw your complaint at any time before the hearing. Acas will offer free and impartial conciliation to you and your employer. The conciliation period is normally for a maximum period of seven weeks in cases such as wages claims, up to 13 weeks for unfair dismissal, and open-ended for discrimination claims.
The tribunal hearing
The tribunal will inform you of the date of your hearing.
You don't have to appear in person, but you must tell the tribunal if you want the case to be heard in your absence.
When preparing for the hearing, ensure that you have all the documentation that you intend to use. It usually helps to consider things in date order to provide a sequence of events. If you're going to use any documents, you'll need to tell the other side, giving them at least seven days notice before the hearing.
At the hearing, you (or your representatives) and your employer put your cases to the panel and answer questions. The panel then comes to a decision.
You can take witnesses to the hearing who can give evidence to support your case. If any witnesses you would like to be there refuse to go, you can ask the tribunal to order their attendance.
You can represent yourself, and the panel will try to make things clear for you. The procedures are quite informal. There's no legal aid, but if you're a member of a trade union, they may pay for a solicitor. Some household insurers pay reasonable legal costs - check your policy documents. In complicated cases you can sometimes get help from Community Legal Advice.
Unlike other courts, tribunals don't usually order either side to pay costs unless they decide you or your employer acted unreasonably in bringing the case, or if any representatives at the hearing behaved unreasonably.
If you win
The tribunal can order your employer to pay compensation, which is unlimited for discrimination or dismissal on health and safety grounds.
For unfair dismissal claims the award is made up of:
- the basic award (calculated based on your on age and length of service), and
- a compensatory award, which has a maximum limit of £63,000 (although the maximum is rarely awarded)
For wrongful dismissal or other breaches of contract, up to £25,000 can be awarded.
Compensation is intended to replace lost earnings - there's no payment for hurt feelings (apart from in discrimination cases). You have to try to reduce your loss (for example, by getting another job or claiming benefit).
The tribunal can order your employer to give you your job back if you win a dismissal case, if you want it.
If you lose
You can ask the tribunal to review its decision, although the grounds are limited. It's also possible to appeal to the Employment Appeal Tribunal, which only looks at points of law (so you can't appeal if you think the tribunal just got the facts wrong). In this case, you have the right to legal aid.
Tribunals in Northern Ireland
In Northern Ireland an Industrial Tribunal deals with most legal disputes to do with work, while the Fair Employment Tribunal deals with disputes about discrimination related to a person’s religious belief or their political opinion.
Further information on how to claim is available from the Industrial Tribunals and the Fair Employment Tribunal website.
Your trade union or a Citizens Advice Bureau may be able to give you advice or help with your claim.
The Equality Commission for Northern Ireland may be able to help if you are claiming that discrimination has taken place.
Depending on your financial situation, you may be entitled to Legal Aid to help you obtain legal advice on your claim and to prepare your case, but not for representation at the hearing.
For more information on resolving workplace disputes visit the Department for Employment and Learning (Northern Ireland) website.
Where to get help
The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.
The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.
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
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