Employment Tribunal Claims Procedure

The Employment Tribunal claims procedure is governed by the The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

Time Limits For Employment Tribunal Claims

  • Dismissal & discrimination claims – 3 months
  • Equal pay and statutory redundancy payment claims – 6 months
  • Contractual redundancy payment claims – 3 months

Employment Tribunal Claims Procedure

  1. Claim form (known as “ET1”) lodged by Claimant to commence tribunal proceedings
  2. Respondent has 28 days to file a response (known as “ET3”). Should they fail to do so or the response be inadequate, then the tribunal will award “Judgment in Default”.
  3. Directions set down by tribunal (e.g. document exchange, exchange of witness statements, etc). A preliminary hearing may be held prior to setting down directions. This enables the tribunal to discuss what directions it should make with the parties. On occasions, the parties may even agree upon directions between themselves. They would then write to tribunal requesting that it makes a directions order in those terms
  4. Should a preliminary matter need addressing or further directions need setting down prior to the full hearing, the tribunal may schedule the matter for a preliminary hearing to deal with that issue.
  5. Full hearing – normally heard by either a judge alone or in some cases a panel of 3. A panel of 3 consists of a judge and 2 lay or “wing” members. The lay members would be one from an employer background, and the other from an employee background. The hearing itself usually follows the following course for each person giving evidence. It begins with the examination in chief in which the statements taken as read. This is followed by cross examination, and then re-examination. Once everyone has given evidence, each side then delivers its closing submissions. The tribunal’s decision can be unanimous or by majority. Where by majority, the judge has the casting vote should it be required. When delivering its decision, the tribunal usually provides oral reasons at the hearing. Written reasons can be requested by either party at the hearing or within 14 days of the date the Judgment was sent out

Reviews And Appeals

Should issues be raised regarding a Tribunal decision/Judgment or new evidence materialise, then the tribunal can review its decision. The review application must be lodged within 14 days of the Judgment being despatched

Appeals can be made to the Employment Appeal Tribunal, but only on an error of law. This must be done within 42 days of written reasons for the Judgment being despatched. Where the judgment does not contain written reasons, then you should request them. This must be done within 14 days of the date upon which the judgment was sent to you. Once received, you must then appeal within 42 days of the date on which the written reasons are sent to you.

Employment Tribunal Fees

Before you commence an Employment Tribunal claim, you will have to pay an issue fee. Nevertheless, if you receive certain benefits or are on a low income, you can make an application to have the fee either completely or partially waived. This is known as 'remission'. If your claim ultimately goes to a hearing, then you will also have to pay a hearing fee or apply for remission before the hearing. Failing to do so may lead to your claim will be struck out.

The amount of the fees you will have to pay under the Employment Tribunal claims procedure depends upon whether you are making a Type A or Type B claim.

FEECLAIM TYPEHOW MUCH WILL YOU HAVE TO PAY?
TYPE A
  • Redundancy
  • Unpaid wages/salary
  • Unpaid holiday pay
  • Unpaid notice monies
  • Failure to inform and consult under TUPE
  • An issue fee of £160.00 plus a hearing fee of £230.00. Total = £390.00. The Hearing fee only becomes payable by around 28 days prior to the final hearing. Hence, if the Claimant's solicitor can settle the claim through negotiations before the hearing fee becomes due, then the Claimant will not have to pay the hearing fee.
    TYPE B
  • Unfair and constructive dismissal
  • All types of discrimination claim
  • Equal pay
  • Claims under the Public Information Disclosure Act (i.e. 'whistleblowing')
  • An issue fee of £250.00 plus a hearing fee of £950.00. Total = £1,200.00. The Hearing fee only becomes payable by around 28 days prior to the final hearing. Hence, if the Claimant's solicitor can settle the claim through negotiations before the hearing fee becomes due, then the Claimant will not have to pay the hearing fee.

    Employment Tribunal Claims Procedure: Obtaining Advice On A Claim

    Should you require advice on a potential Employment Tribunal claim that either needs bringing or defending, then please do not hesitate to contact us. We can be contacted either by telephoning us on 0333 3010 700, or by completing the questionnaire on the right hand side of this page.

    As a specialist employment law firm, you can rely upon us to provide you with quality advice from a leading employment law solicitor within the profession.

    Please note that we offer a free initial consultation.

    Settlement Agreements

    Should you have been offered a Settlement Agreement (which used to be known as Compromise Agreements) which you require independent advice on, then please call one of our employment law solicitors immediately on 0333 3010 700, or complete the questionnaire on the right hand side of this page. We will then arrange an appointment with you to go through the Settlement Agreement.

    How To Contact Us

    To contact The Employment Law Solicitors about an employment law problem, please either telephone us on 0333 3010 700 or complete the short questionnaire above. Simply click the 'Send Now' button to submit the questionnaire once you have completed it. Upon receipt, it will be assessed by a solicitor who will then contact you to discuss the matter. The solicitor appointed to contact you, will be a specialist in your type of employment law issue. The Employment Law Solicitors handle cases on behalf of clients throughout the country. Headquartered in Wilmslow (Cheshire), we also have offices in Manchester, Liverpool, Warrington (Cheshire), Chester (Cheshire), Birmingham, Leeds, Sheffield, Exeter, London, Nottingham, Bristol, Stoke-on-Trent, and Preston.

    This initial consultation is completely free of charge.

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