What is an Employment Tribunal?

Employment tribunals play a crucial role in resolving disputes between employers and employees in the workplace. These independent judicial bodies are responsible for hearing and making decisions on various employment-related claims, including unfair dismissal, discrimination and breach of contract. In this blog, we will explore the purpose of employment tribunals, how they operate and what individuals can expect when bringing a claim before these tribunals.

What is an Employment Tribunal?

An Employment Tribunal is an independent judicial body that resolves disputes between employees and employers. It is designed to provide a fair and accessible forum where individuals can seek remedy for various employment-related matters. These can include wrongful and unfair dismissals, discrimination claims, unpaid wages, breach of contract and more. They have the power to make legally binding decisions and award compensation to the parties involved.

How does an Employment Tribunal work?

1. Initiating a Claim: To initiate an employment tribunal claim, the aggrieved employee, also known as the claimant, must complete the ACAS Early Conciliation process. ACAS (Advisory, Conciliation, and Arbitration Service) aims to facilitate settlement discussions between the parties involved before proceeding to a tribunal hearing. If no resolution is reached during this stage, the claimant can proceed to file their claim.
2. Completing the Claim Form: The claimant must complete a claim form, referred to as an ET1, which outlines the details of their complaint. This form should be submitted to the employment tribunal office within strict time limits, typically three months less one day  from the date of the incident or the last occurrence in a continuing series of events (subject to any extension of time due to ACAS Early Conciliation).
3. Response from the Employer: Upon receiving the ET1, the tribunal will send a copy to the employer, who is referred to as the respondent. The respondent is then given an opportunity to submit a response to the claim, using a form known as the  ET3 form. Within the ET3 form, the employer can admit or deny the allegations made by the claimant and may also counterclaim if they have a valid case against the claimant (this is rare and limited to breach of contract only).
4. Preliminary Hearing: particularly in discrimination cases, a preliminary hearing may be scheduled to clarify issues, resolve disputes or determine the best way to proceed. This hearing aims to streamline the main tribunal hearing by addressing preliminary matters, such as evidence disclosure or the need for expert witnesses and the judge will set deadlines for these tasks
5. The Main Tribunal Hearing: The main tribunal hearing is the formal proceeding where both parties present their cases before a panel of three members: an employment judge and two non-legal members (in simple cases the matter will be dealt with by the judge sitting alone). Here, the parties will present their evidence, call witnesses (who will be subject to cross-examination) and make legal arguments in support of their respective positions. The tribunal panel will then evaluate the evidence presented and make a legally binding decision.
6. Tribunal Decision: Following the main tribunal hearing, the panel will deliberate and issue its decision. The outcome may include an order for compensation, reinstatement or reengagement of the employee (in unfair dismissal cases) , or specific action required by the employer to rectify the situation. Once a decision is made, both parties have the right to appeal to the Employment Appeals Tribunal if they believe an error of law has been made.

How can Taylor Bracewell’s employment team assist you?

Understanding employment tribunals is pivotal for anyone seeking to assert their rights in the workplace. By familiarising yourself with the process outlined in this blog, you are better equipped to understand the complexities of employment law and seek redress when necessary. Remember, seeking legal advice from employment law specialists will provide valuable guidance tailored to your specific circumstances. Our expert team of employment lawyers can help. You can call our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alterntatively, you can fill out our online enquiry form.