Disagreements in the workplace can arise for various reasons. Disputes over pay, allegations of discrimination, unfair dismissal and legal questions over redundancy can all cause friction between employers and employees.

Many issues can be resolved informally by reaching an agreement internally. However, in some instances, it may be necessary to take the dispute to an Employment tribunal, which is an independent legal hearing where workers can bring claims against their employers.

In this blog, our experienced Employment Solicitors answer some frequently asked questions about employment tribunals.

What is an employment tribunal?

Employment tribunals hear cases from people who believe they have been treated unlawfully by an employer, a potential employer or a trade union.

Unlawful treatment can include:

• Unfair dismissal.
• A redundancy claim.
• A discrimination claim.
• Breach of contract.
• A payment dispute, such as unpaid wages or unauthorised salary deductions or an equal pay claim.
• Maternity and paternity rights.
• Whistleblowing.

Employment tribunals only hear cases which have failed to be resolved by alternative means. For almost all claims, employees are expected to try to resolve any employment law issues directly with their employer, or through early conciliation with the Advisory, Conciliation and Arbitration Service (Acas) before bringing a case to an employment tribunal.

Do you need legal representation for an employment tribunal claim?

You are not required by law to have a legal representative for an employment tribunal hearing. However, seeking advice or representation from a solicitor specialising in employment law can considerably increase your chances of a successful outcome.

An employment lawyer can help prepare your case, identify relevant witnesses, and provide guidance throughout the process.

Our employment law specialists at Beverley Morris & Co. always work towards settling disputes before they reach an employment tribunal wherever possible. However, should early mediation or the Acas process fail, we will robustly defend your interests at an employment tribunal to put forth a claim.

If you are involved in a dispute with your employer and need legal advice on employment law, speak to our employment law specialists in Blackheath today. Please call 020 8852 4433 or email [email protected].

What does an employment tribunal involve?

The process for an employment tribunal case usually involves the following stages:

1. Employee receives Acas Early Conciliation Certificate. If you wish to bring a claim against an employer, you must notify Acas within a set time limit (usually three months less one day of the act you are complaining about).

Acas will then offer you early conciliation to resolve your dispute. This is a free service where they will speak separately with you and your employer to try to resolve the dispute. If early conciliation does not work or you choose not to participate, Acas will send you an early conciliation certificate.

2. Employee bringing a claim (the claimant) completes an ET1 Form. This form incudes questions about your personal details, earnings and benefits, and sets out key details of your dispute. It must be completed by all claimants and filed with the tribunal office within one month of receipt of the Acas certificate.

3. Employer completes an ET3 Form. This is a document completed by an employer in response to the ET1 Form. Once the claimant has submitted their ET1 Form, the tribunal will send their employer a copy. The employer will then have 28 days from the date of receipt to return their ET3 form.

4. Tribunal contacts Acas. Once the tribunal has received your ET1 Form and your employer’s ET3 Form, it will send them to Acas who will attempt to resolve the case without a hearing. The tribunal may also send you and your employer a case management order setting out what you need to do to help the case progress.

5. Hearing. If the case cannot be resolved, it will progress to a hearing. Employment tribunal hearings can take place in person or online.

It is crucial to prepare in advance for an employment hearing as the tribunal will decide your case based on the evidence presented. Your legal representative will ensure that you are prepared and have the relevant information and documentation in place.

During an employment tribunal hearing, both the claimant and respondent present their case, and both parties and their witnesses are asked questions. Both sides are then allowed to make closing submissions before the tribunal makes its final decision.

If a claim is successful, the tribunal may hold a remedy hearing to decide what compensation should be awarded.

Employment Law Solicitors Blackheath

Employment is a complex area of law. Your rights are not always as straightforward as you might think, and disputes can arise between employers and employees for various reasons.

Employment rights usually have a short limitation period which is why it is important to seek prompt specialist legal advice when faced with an employment law issue.

At Beverley Morris & Co. Solicitors, our employment law solicitors will help you by reviewing the facts of your case and letting you know the options open to you, providing a route to resolve your employment dispute in the most efficient way possible and with minimal effect on your professional life.

We can help you with a wide range of matters, including:

• Settlement/Compromise Agreements.
• Contract Disputes/Changes to Terms and Conditions.
• Disciplinary, Grievance and Capability Procedures.
• Harassment, Bullying and Victimisation.
• Whistleblowing.
• Employment Tribunals.
• Discrimination (related to sex, race, disability, age, religion and sexual orientation).
• Redundancy, Lay Off and Short-Time Working.
• Unfair/Wrongful/Constructive Dismissal.
• Bonus disputes.
• Employee shareholder disputes.

To speak to one of our employment law specialists in Blackheath, please call 020 8852 4433 or email [email protected].

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