A Guide to Employment Tribunals

Suffering from any dispute in the workplace can have a detrimental effect on the working environment, professionalism, earning potential and personal welfare. It is therefore vital that any such disputes are quickly addressed and dealt with in a legal, fair and unbiased manner. The following guide explains employment tribunals and how they can support the resolution of a variety of different employment disputes.

What is an Employment Tribunal?

The role of an employment tribunal is to make decisions regarding employment disputes. The vast majority of legal cases about employment are heard in an employment tribunal as the complex nature of employment law is intricately understood in this arena. Employment tribunals hear cases relating to disputes in redundancies, unfair dismissals, discrimination and several other case types.

Employment tribunals may seem daunting and stressful, but they serve to support negotiations between employers and employees and to reach a fair settlement as promptly as possible. The law protects employees from discrimination, and this means that an employee who makes a claim against their employer cannot be treated negatively or less favourably for having done so.

When is an Employment Tribunal Appropriate?

Before any claim is brought to the attention of an employment tribunal, it is necessary to approach Acas (the Advisory, Conciliation and Arbitration Service) in order to try to find a resolution to your dispute. Claimants will be asked whether they want to engage in early conciliation action to try to reach a solution without the need to go to a tribunal. It is not obligatory to take part in early conciliation, but it is necessary to notify Acas of your potential claim.

If early conciliation is not take up or fails and you meet the conditions to make a claim, it is then necessary to determine whether you want to pursue a claim at an employment tribunal. The likely outcome and strength of your case is probably going to be the most influencing consideration at this stage, and an employment law solicitor or advisor will be able to offer guidance on how likely you are to win your case. A solicitor or advisor will assess your case and review the evidence from both sides to decide how strong or weak your claim may be.

When considering whether to pursue your claim through an employment tribunal, it is advisable to thoroughly consider the evidence that you have to support your case and any counter evidence that your employer might have. There are no guarantees as to the outcome of a tribunal, and so you should be prepared for all eventualities.

What is the Process of an Employment Tribunal?

An employment tribunal is normally led by a highly qualified and experienced judge who has specific understanding of employment matters, supported by two lay members. One member is normally nominated by the employer's organisation and the other from the employee's' representative. The following process is adopted in the employment tribunal process:

• The tribunal process is impartial and unbiased. That said, if an unfair dismissal claim is brought to a tribunal, it is assumed that there is a case for the employer to answer.
• Statute Law forms the basis of employment tribunal considerations and action. This means that the tribunal will seek to confirm that the employer followed fair disciplinary and grievance procedures with their employee before the hearing. If the actions of the employer are deemed to be in contrast to this, the employment tribunal can increase any award payment by 25%.
• Claimants must contact Acas and submit an Early Conciliation (EC) form before issuing a claim. Upon receipt, Acas will attempt to reach a reconciliation between the two parties prior to a tribunal being deemed necessary.
• If early conciliation is not possible via Acas, the claimant can then submit the ET1 form with the required fee. This form details the basis of their complaint and explains whether the necessary workplace procedures were followed.
• A hearing date will be set and communicated to all parties.

All employment tribunals are public and open to the media. The employer is usually heard first in a dismissal case, whereas the employee is usually first in a discrimination case. You will be advised of your time for hearing prior to the case beginning. It is not necessary for the tribunal to have proof ‘beyond reasonable doubt' like in other court hearings, instead, they base their decisions upon the balance of probabilities.

Responses of the tribunal are usually communicated immediately upon the close of the hearing or within a few days, and a written summary with detailed reasoning is sent to both sides. Settlements will be granted, and this may include a financial award and both sides normally pay for their own fees and support.

Is There a Fee Payable for Employment Tribunals?

Since July 2013, it has been necessary for claimants to pay a fee if a claim goes to an employment tribunal hearing. A case will not be heard unless the fee has been paid. The level of fee that is payable depends on upon whether a case is a Type A or Type B claim. The differences are as follows:

Type A Claims:

• Unpaid wages
• Redundancy pay disputes
• Holiday Pay disputes
• Notice Pay disputes
• Equal Pay claims

Type B Claims:

• Unfair dismissal
• Discrimination
• Whistleblowing
• Equal Pay claims (post - April 2014)

There are two types of fees that are to be paid for each claim type. They are:

• An issue fee
• A hearing fee.

If both types of claim are being made at the same time, two sets of fees are payable. The current fees, as of 2016 are as below:

Type A Claims:

• Issue Fee - £160
• Hearing Fee - £230

Type B Claims

• Issue Fee - £250
• Hearing Fee - £950