If an employment claim is commenced, it is the Employment Tribunal that deals with the claim rather than the Courts. There is not a huge amount of differences between the two, but there are some things you should be aware of.
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The Employment Tribunals are an independent judicial body which are established to resolve disputes between employers and employees over employment rights. The Employment Tribunal will hear claims about employment matters such as discrimination, redundancy and unfair dismissal.
Although the concept of the Employment Tribunal is similar to a Court, they are less formal. No one wears a wig or gown, and like a Court they cannot provide legal advice. Almost all hearings are open to the public, and evidence is given under oath or affirmation.
It is advised that parties attempt to resolve the matter either informally or formally before a claim reaches the Employment Tribunal. There is pre-claim conciliation provided by ACAS in which both parties are contacted to see if the matter can be resolved without going to an Employment Tribunal.
Once a claim has been submitted to the Employment Tribunal, it is given a case reference number and a copy is sent to the employer with a response form allowing the employer to provide information to say whether they do not agree with the claim and, if so why.
Usually a copy of the claim form and employers response are sent to an independent body called ACAS. As detailed above, they will contact both parties to try to resolve the claim without the need to go to an Employment Tribunal.
There has been a recent introduction of fees in the Employment Tribunal. An initial claim fee is required and a further fee will be payable if the claim proceeds to a hearing. As an example, an unfair dismissal claim will cost £250 when the claim is commenced and a further £950 should the claim not be resolved before the hearing.
However, we can work to your financial requirements and each case is dependent upon its own circumstances. We can offer no win, no fee but we cannot guarantee this as it depends upon the particular merits of your case.
Even if you have started your employment claim and there is only the hearing left, we can offer representation at an affordable and reasonable price. The charge does depend on the complexity of the case but please contact us for an accurate quote.