Employment Law Solicitors: Tribunal Claims Procedure   Time Limits Dismissal & discrimination claims – 3 months   Equal pay and statutory redundancy payment claims – 6 months   Contractual redundancy payment claims – 3 months

Procedure

1. Claim form (known as “ET1”) lodged by claimant commencing 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, the tribunal will award “Judgment in Default”.

    

3. Directions set down by tribunal (e.g. document exchange, exchange of witness statements, etc). A directions hearing or case management conference may be held prior to setting down the directions to enable the tribunal to discuss what directions it should make with the parties. On occasions, the parties may even agree upon directions between themselves and 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 pre-hearing review.

    

5. Full hearing – normally heard by a panel of 3 consisting of a chairman and 2 lay or “wing” members (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: examination in chief, cross examination, and re-examination. Once everyone has given evidence, each side then delivers its closing speeches. The tribunal’s decision can be unanimous or by majority and the chairman has the casting vote should it be required (e.g. on those rare occasions where the panel consists of less than 3 members). 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 Judgment was sent out

    

6. Should fairness issues be raised regarding the original hearing or new evidence materialise, the tribunal can review its decision. The review application must be lodged within 14 days of the Judgment being despatched

    

7. Appeals can be made to the Employment Appeal Tribunal within 42 days of written reasons for the Judgment being despatched, but only on an error in law.