The employment tribunal is an independent tribunal that makes decisions to resolve legal disputes between employers and employees.
Claims are issued by employees against employers and can typically relate to the following disputes:
- Unfair dismissal
- Wrongful dismissal
- Constructive dismissal
- Workplace discrimination (such as sex discrimination, race discrimination and age discrimination)
- Equal pay
- Deductions from wages
An employment tribunal follows a similar process to the civil courts, although the process and the hearing are slightly less formal.
Once the claim has been submitted by the current or former employee (the ‘Claimant’), the employer (the ‘Respondent’) has the opportunity to reply and submit their account of events, within a 28-day deadline.
The Tribunal will then provide Case Management Directions and a timetable the parties must follow up to the date of a final hearing, including providing the relevant information and documents to each other.
An employment judge will make a decision on the outcome of a tribunal claim at a final hearing.
Employment tribunal claims are complex and bringing and defending a claim can be a stressful and costly process. Depending on the complexity of the matter, it can take up to 12 to 18 months to reach a conclusion. However, the system is designed to encourage parties to settle their differences and most claims settle before the case gets to a final hearing.
We can help you to deal with a claim by ensuring you following the correct legal process and adhere to important deadline dates, as well as drafting documents and statements addressing the legal and factual issues the tribunal will need to determine.
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