Moore & Tibbits can support you throughout the entire process. Every case is different, and it may be that we can negotiate a settlement for you rather than needing to go to an Employment Tribunal. We can also provide advice if you wish to appeal a decision from an Employment Tribunal which can only be done on limited legal grounds and not just because you disagree with the decision. We will discuss all options with you and the best plan of action for your situation. Contact Lisa Aitken, our employment specialist to discuss your situation on 01926 491 181 or send her an email to LisaA@moore-tibbits.co.uk.
Before a claim can be brought before an Employment Tribunal, you must contact ACAS to register your claim for Early Conciliation.
During Early Conciliation, the ACAS Conciliator will attempt to contact your employer to try and resolve the issue to avoid it going before an Employment Tribunal. The Conciliator is impartial and cannot give you advice therefore, you may wish to contact our specialist Employment Solicitors, who can advise and guide you throughout this process.
If Conciliation is not possible, you will be provided with a Certificate which you can use to go to the Employment Tribunal.
What is an Employment Tribunal?
An Employment Tribunal is an independent judicial body which has the power to make decisions on employment disputes. The Tribunal is not as formal as a court, but any decision made at an Employment Tribunal is legally binding. Generally, claims brought before an Employment Tribunal relate to:
- Unfair dismissal
- Constructive dismissal
- Failure to consult an employee prior to them being made redundant
- Breach of contract
- Issues relating to equal pay
- Discrimination claims
- Failure to follow correct procedure during the disciplinary or grievance process.
Who is involved in an Employment Tribunal?
Employment Tribunal hearings are usually made up of the following people:
- Employment Judge – Will hear the case and make the final decision
- Claimant – the person bringing the claim (employee)
- Respondent – the employer or representative of the employer
- Witness(es) – anyone called to give evidence
- Solicitor and/or Barrister – May represent either claimant or respondent
- Two non-legal people who have business experience (in discrimination cases)
The Employment Tribunal will confirm its judgment verbally at the hearing or in writing subsequently. Where all of part of the employee’s claim is successful, the Tribunal will consider evidence on the appropriate remedy and where appropriate will make an order setting out the compensation payable by the employer.
Should you wish to appeal an Employment Tribunal decision, we can provide you with practical legal advice and representation at the Employment Appeals Tribunal. We will review your existing case that was unsuccessful and advise you on whether you have legal grounds to pursue an appeal.
The prospect of starting and pursuing a claim at an Employment Tribunal may seem daunting but our experienced employment solicitors can support and guide you through the entire process, from obtaining witness statements to representation at the hearing. We will clearly outline all of your options from the start and advise you of the best course of action to take. It may be that we can negotiate a settlement agreement for you rather than needing to go an Employment Tribunal. If the best plan in your situation is an Employment Tribunal, we will ensure you are represented fairly throughout the hearing and make sure you understand what is happening at every stage.
It is essential you take professional legal advice if you are considering making an application to an Employment Tribunal. You only have three months minus one day from the date the event occurred to submit your claim.
For further information, please contact our employment solicitor, Lisa Aitken on 01926 491181 or email Lisaa@moore-tibbits.co.uk.
This area of work is under the ultimate supervision of Tim Ollerenshaw.