Employment Claim Process

There are strict guidelines in place that must be followed if an individual wishes to commence a legal employment claim. There are time limits and directions that must be followed.

Please call us about your employment law matter on 01536 276300 or 01536 311690. We offer an initial fixed fee discussion at a cost of £150 + vat or use our online enquiry form.

Sadly we are unable to assist in contested employment disputes at this stage.

Taking A Case To An Employment Tribunal

You can take your employer to an Employment Tribunal if you believe they have treated you unfairly, or breached statute law. The Employment Tribunal is independent and can order your employer to pay compensation if you successfully prove your case.

The Employment Tribunal can deal with a wide range of employment issues including unfair dismissal, discrimination or unfair deductions from your salary. There is a 3 month time limit from the date of termination or the issue (if say discrimination) happening at work.

Before you go to the Employment Tribunal you should attempt to resolve the problem with your employer by using the grievance procedure. However, if you have exhausted this route, and wish to make a claim in the Employment Tribunal you can instruct us and be safe knowing that we have the experience and knowledge. We can offer a no win no fee basis, however this is dependent upon your specific circumstances.

Applying To The Employment Tribunal

If you instruct us to act on your behalf, we will arrange an appointment to obtain all the relevant information in order to submit the ET1 to the Employment Tribunal. It is now a requirement for ACAS to be involved prior to commencing an employment claim to see if the situation can be resolved without going to the Employment Tribunal.

There has been recent introduction of fees payable when submitting a claim (previously there was no fee). As an example, for unfair dismissal or discrimination, the fee is £250 to issue the claim and £950 for the hearing fee. This amount of money may worry you but we can tailor our costs dependent on your particular circumstances. Furthermore, there are some exemptions meaning you can get help paying the fees.

Next

Once the claim has been issued, the employer has to respond within 28 days of receiving the claim form. If the employer does not respond, then an employment Judge can decide the case without a hearing.

If the employer does respond, they will give their side of the case and there will be a hearing to decide on the case. Usually an employment hearing is listed within 3 months but it can be longer depending on the availability of the Employment Tribunal.

Tribunal Hearing

When the matter is listed for the Employment Tribunal, we will receive instructions from the employment Judge stating when documents, such as witness statements, should be submitted to the employer.

At the hearing, both the employee and employer (and any witnesses) will give their evidence and the Employment Judge will make a decision (sometimes it is adjourned and decision given at a later date).

If you are successful with your case, the Employment Tribunal can order your former employer to pay you compensation, any fees paid, improve working conditions or even give you your job back. If you are given compensation, the amount depends on the type of case and the allegations made.

If you are not successful with your case, you do have the opportunity to appeal to the Employment Appeal Tribunal. Whether or not we continue to represent you depends on our view whether you should appeal and the costs to date.

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Micaila Williams – Employment Law – Seatons Solicitors

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