Employment Tribunals adjudicate on a variety of claims issued by employees and workers (known as “Claimants”). There is a deadline for issuing each particular type of claim which is usually three months less one day after an incident occurred. For some claims, this deadline can be extended in exceptional circumstances.
To start a claim, a claimant must make an application to ACAS for early conciliation. ACAS will speak to the employer to establish whether they are willing to settle any claim made, and if not ACAS will issue a certificate of reconciliation.
Upon receipt of the certificate the Claimant has to carefully and clearly draft each and every claim being made and issue their claim form (ET1) online or by sending it to the Tribunal. There is a fee to pay unless the Claimant qualifies for exemption. The employer (Respondent) is then required to file a response to the claim in the form of an ET3.
Upon receipt of the claim and the Response, the case will be passed to an employment judge who will consider it and the Response, and decide how the claim should proceed. If the claim is considered weak, out of time or unclear the judge may arrange a hearing for either a Preliminary Issue Hearing or Case Management Discussion. The judge may ask the Claimant to pay a deposit of up t £1000 to proceed with what is considered a weak case. If the Employment Tribunal is allowed to proceed, the judge will decide what case management directions are required to get the case ready for the final Employment Tribunal hearing.
The main purpose of a Case Management Discussion is to consider:
- What the legal issues in the case are,
- What date all documents relevant to the Employment Tribunal claim should be exchanged,
- What date all statements from witnesses will be exchanged, and
- When the Employment Tribunal hearing will take place and how many days it will take.
Employment Tribunals are usually less formal than other courts but the procedure followed is similar. In particular, evidence is heard on oath, witnesses are cross examined and the judge will refer to a trial bundle. The Employment Tribunal will consider all verbal and documentary evidence presented to them and will either pronounce the judgment at the hearing or at a later date.
For full advice on employment proceedings tribunals as either an employee or employer contact us today:
- Call: Ian Steel on 0113 390 7888
- Email: email@example.com
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