Workplace disputes can arise between employees and employers. These disputes often arise between employees and employers. To resolve issues between them, the UK government introduced a legal body called an employment tribunal. It has existed for many years and continues to operate under the UK employment law framework.
This blog explains what is employment tribunal and how the process works. It also discusses when you might need it and what outcomes you can expect.
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What is Employment Tribunal?
An Employment Tribunal is a legal body in the UK that resolves disputes between employees and employers about employment rights. It is a type of court that makes decisions in disputes around employment law. It is designed to be more accessible, less formal, and focused purely on employment law. An employee can make a claim to an employment tribunal if they think their employer is not following the law. However, a worker must first notify the Advisory, Conciliation and Arbitration Service (ACAS). Keep in mind that there are limits for employment tribunal claims. In most cases, you must notify ACAS within three months less one day of the incident, although different time limits may apply depending on the claim.What Does an Employment Tribunal Do?
To understand what is employment tribunal, you need to learn how it works. As mentioned, an employment tribunal is part of the UK courts system under HM Courts & Tribunals Service. It hears claims brought by employees, workers, and, in some cases, employers regarding employment rights. Additionally, it is an independent tribunal that makes decisions in legal disputes around employment law. If you want to make a claim, you must use ACAS to try Early Conciliation, where ACAS helps both sides try to settle the dispute without going to a hearing. If your case is not settled, it can go to a tribunal.What Types of Unlawful Treatment Can I Claim?
The right option depends on the strength of your case, the available evidence, and whether a settlement can be reached through ACAS Early Conciliation. You can claim at an employment tribunal for unlawful treatment such as unfair dismissal, discrimination, unfair deductions from pay, harassment, breach of contract, and unlawful deduction from wages.Unfair Dismissal
If you believe you were dismissed without a fair reason or proper procedure, you can claim about this unlawful treatment.Discrimination Claims
You can claim cases involving discrimination based on age, gender, race, disability, religion or belief, and sexual orientation.Wage and Payment Issues
Employees may also bring claims relating to unpaid wages, holiday pay, or National Minimum Wage breaches.Breach of Contract
If an employee or an employer has allegedly broken the terms of the employment contract.What is Employment Tribunal Case?
You must be wondering what happens in an employment tribunal case. During an Employment Tribunal case, an employee submits their claim, and the employer responds. Both sides share evidence and documents and may bring witnesses. Then, at a hearing, both the employee and the employer explain their case and answer questions. A judge makes a decision based on the documents and evidence presented. Here is the detailed Employment Tribunal Process:Contact ACAS for Early Conciliation
The first step is to contact ACAS before submitting Employment Tribunal claims. You must notify ACAS and participate in Early Conciliation. It is a free service that allows both parties to resolve the dispute without formal legal proceedings.Submit an Employment Tribunal Claim
If the dispute cannot be resolved, the employee must make a claim to an Employment Tribunal through a Form ET1, outlining the legal claim, relevant facts, and compensation sought.Employer Response
Then, the employer responds to the claim by submitting Form ET3. In their response, they explain why they disagree with the claim or present their defence.Case Management
The tribunal may schedule preliminary hearings to clarify legal issues, set deadlines, organise evidence, and determine whether certain claims should proceed.Witness Statements
This is the critical part of the Employment Tribunal process. It includes written documents containing what each witness will say at the hearing.Final Hearing
At the hearing, both parties present documents, witness evidence, and legal arguments. Finally, the Employment Judge, and in some cases tribunal members, consider the evidence before issuing a legally binding decision.What Can an Employment Tribunal Do?
Understanding what an employment tribunal can do is an important part of learning what is Employment Tribunal. You should know that an employment tribunal can decide whether the law was broken, and order compensation or other remedies, such as reinstatement in rare cases.Is it Worth Going to an Employment Tribunal?
Whether it is worth going to an Employment Tribunal depends on the strength of your case and the evidence you have. If you think you have a valid claim, documents, and evidence, and cannot resolve the dispute through ACAS Early Conciliation, it is worthwhile to take your case to an Employment Tribunal.What Happens If You Win an Employment Tribunal?
If you win an Employment Tribunal, you may receive unpaid wages, compensation, redundancy pay, holiday pay, or other remedies depending on your claim. Understanding what is Employment Tribunal also means knowing that its decisions are legally binding. Moreover, in some cases, the tribunal may order reinstatement or re-engagement with your employer.Is It Better to Settle or Go to Tribunal?
Settling can be quicker, cost-effective, and less stressful than going to a hearing. However, if you believe your employment rights have been breached, an Employment Tribunal can be the best option. If you want to know what would be right for you, you must first understand what is Employement Tribunal. Also, the right choice depends on the strength of your evidence and the facts of your case.What are the Outcomes of an Employment Tribunal?
Another crucial part of understanding what is Employment Tribunal is learning its outcomes. After hearing a case, the tribunal may decide compensation payments, reinstatement to your job (rare), recommend changes for employer practices, or dismiss the claim. Remember, the compensation depends on the type of claim, such as loss of earnings or injury to feelings (in discrimination cases).What are the Tips Before Making an Employment Tribunal Claim?
Before making a claim, you should keep copies of contracts, emails, and workplace correspondence, and record important dates and events. You should also raise concerns through your employer's grievance procedure where appropriate and participate fully in ACAS Early Conciliation. If your claim is complex or involves significant financial loss, it is advisable to obtain legal advice.Let’s Discuss Your Needs
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