Understanding Employment Tribunals: A Practical Guide
Employment Tribunals exist to resolve disputes between employees and employers when workplace issues cannot be settled informally. Whether you are thinking about bringing a claim or responding to one, understanding how an Employment Tribunal works can help you feel more confident and make informed choices.
This guide explains what an Employment Tribunal is, the types of cases it deals with, how the process works, and what to bear in mind if you find yourself involved in one.
What Is an Employment Tribunal?
An Employment Tribunal is an independent body that makes legally binding decisions about employment disputes. It is less formal than a court but still follows clear rules and procedures.
Most Tribunal hearings are open to the public. Many individuals present their own cases, but legal advice and representation can significantly improve how a case is prepared and presented.
What Types of Cases Do Tribunals Deal With?
Employment Tribunals handle a wide range of disputes. Common examples include:
- Unfair dismissal (including constructive dismissal)
- Redundancy pay disputes
- Discrimination claims (e.g. age, race, sex, disability) under the Equality Act 2010
- Claims for unpaid wages, notice pay or holiday pay
- Wrongful dismissal (breach of contract claims for failing to give proper notice)
- Unlawful deductions from wages
Certain claims, like personal injury or defamation, normally need to go through the civil courts instead.
How Does the Tribunal Process Work?
The usual steps are:
- Early Conciliation - Before making a claim, you must usually notify Acas (the Advisory, Conciliation and Arbitration Service) and attempt conciliation. This is free and can help settle disputes without going to a Tribunal.
- Starting a Claim - If conciliation does not resolve the issue, you can submit a claim (ET1 form) online. Strict time limits apply — usually three months less one day from the date of the problem.
- Response - The employer must respond (ET3 form) within a set deadline, giving their side of the story.
- Case Management - Some claims have a preliminary hearing to clarify issues and set directions. Both sides may be asked to exchange documents and prepare witness statements in advance.
- Final Hearing - At the hearing, both parties present evidence and question witnesses. An Employment Judge (sometimes with lay members) decides the outcome.
- Decision - The Tribunal usually announces its decision at the end of the hearing or sends it in writing later. If you win, you may receive compensation or other appropriate remedies.
Key Things to Remember
Time Limits Are Strict: Missing a deadline can mean losing the right to bring a claim. Always check time limits at the earliest opportunity.
Preparation Makes a Difference: A well-prepared case, supported by evidence and clear witness statements, is more likely to succeed.
Settlement Is Common: Many disputes settle before a final hearing. Acas conciliation or settlement agreements can help avoid the time, cost and stress of a Tribunal.
Get in touch:
At Pre-Law, we support employees and employers with clear, practical guidance on workplace disputes, settlement agreements and Tribunal claims.
If you need advice or assistance with an employment dispute, contact Pre-Law today:
Call: 01524 907100
Email: info@pre-law.co.uk
Or submit an enquiry through our website: https://www.pre-law.co.uk/contact
