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Employment Tribunal Representation

Employment Tribunal Representation

An employment tribunal can be one of the most stressful and intimidating experiences of your professional life. Whether it's a case of unfair dismissal, discrimination, or wage disputes, these challenges are deeply personal and can significantly impact you emotionally and financially.

If you're facing the prospect of an employment tribunal you might be feeling anxious, confused, and vulnerable. But it's important to know that you don't have to face this alone.

• What is an employment tribunal?

• What kind of claims are handled by employment tribunals?

• How do I know if I have a valid claim for an employment tribunal?

• What is the time limit for bringing a claim to an employment tribunal?

• What are the steps involved in an employment tribunal claim?

• How long does it take for a tribunal case to be resolved?

• Do I have to attend the tribunal in person?

• Who may appear as a representative in the employment tribunal?

• Can Acas represent me at an employment tribunal?

• Do I need legal representation at an employment tribunal?

• How can a solicitor help with my employment tribunal claim?

• How much does it cost to hire a solicitor for employment tribunal representation?

• What are the potential costs if I lose my case at an employment tribunal?

• What kind of compensation could I receive at an employment tribunal?

• Can my employer settle my case before it goes to tribunal?

• What happens if the tribunal rules against me?

• What should I do if I want to proceed with an employment tribunal claim?

• What is rule 27 of the employment tribunal rules?

• What evidence do I need for an employment tribunal?

• What is the burden of proof in the employment tribunal?

• Is it worth taking an employer to a tribunal?

• Why choose Lawhive for employment tribunal representation?

At Lawhive, our network of experienced employment lawyers is on hand to provide top-tier employment tribunal representation.

Our mission is to make high-quality legal representation accessible and affordable for everyone. As such, our team is dedicated to ensuring you feel heard, supported, and confident throughout the tribunal process with a solicitor standing by your side on hand to listen to your concerns, champion your cause, and work tirelessly to achieve the best possible outcome for you.

Don't let fear and uncertainty keep you from seeking the justice you deserve. Contact us today for clear, actionable advice and help in securing employment tribunal representation for your case.

What is an employment tribunal?

An employment tribunal is a specialised independent judicial body in the UK that resolves disputes between employers and employees.

It provides a platform where individuals can seek redress for issues related to their employment rights.

What kind of claims are handled by employment tribunals

Employment tribunals handle a wide range of employment disputes including:

• Cases where an employee believes they have been dismissed without a fair reason or following the correct procedure.

• Claims based on discrimination due to race, gender, age, disability, sexual orientation, religion, or other protected characteristics.

• Issues involving unpaid wages, holiday pay, or unauthorised deductions from wages.

• Disputes over redundancy payments or the fairness of the redundancy process.

• Claims involving violations of the terms of an employment contract.

• Claims where employees face retaliation for reporting wrongdoing or breaches of the law by their employer (whistleblowing).

How do I know if I have a valid claim for an employment tribunal?

It can be difficult to know whether you have a valid claim for an employment tribunal.

Your case may warrant a tribunal claim if you are an employee and:

• You were dismissed without a fair reason or the correct procedure being followed;

• You experienced unfavourable treatment at work based on protected characteristics;

• You haven't been paid correctly or your employer has made unauthorised deductions for your salary;

• You were made redundant but the process was not fair;

• You were made redundant and did not receive the correct redundancy payment;

• Your employer violated the terms of your employment contract;

• You have suffered detriment or been fired for reporting illegal activities or safety concerns at work.

In some circumstances, you may only be able to claim if you have been employed for at least two years, however, exceptions apply for certain types of dismissals.

Before you make a tribunal claim, you must try to resolve the issue through Early Conciliation via ACAS (Advisory, Conciliation and Arbitration Service). This step is mandatory and, in some cases, leads to a quicker, less formal resolution.

That being said, if you think you have a claim but are unsure, seek advice from an employment lawyer. They can assess your situation, guide you through your options, and provide employment tribunal representation if needed.

What is the time limit for bringing a claim to an employment tribunal?

Most claims must be filed within three months less one day from the date of the incident or the last occurrence of a series of incidents (e.g., in cases of ongoing discrimination or harassment).

For redundancy and equal pay claims, the time limit may extend up to six months.

Missing these deadlines can make it very difficult to pursue your claim, so it's important to act quickly if you think you have a case.

What are the steps involved in an employment tribunal claim?

Employment tribunal claims involve structured steps to resolve disputes between employees and employers.

Here's a detailed breakdown:

1. Early Conciliation via ACAS

Before you can bring a claim to the tribunal, you must engage in Early Conciliation. This is where ACAS attempts to help you and your employer reach a settlement agreement without going to a tribunal.

Therefore, if you're thinking of making a claim you should first contact ACAS either online or by phone and tell them of your intention to. make a claim. ACAS will assign a conciliator to your case, who will work with both you and your employer to negotiate a resolution.

If conciliation is unsuccessful or either party refuses to participate, ACAS will issue a certificate. This certificate is required to proceed with your tribunal claim.

2. Filing a claim

If conciliation does not resolve the issue, the next step is to file a claim with the employment tribunal.

This involves completing an ET1 form and submitting it either by post or (more commonly) via the employment tribunal's online system.

3. Response from your employer

After you file your claim, your employer will get a copy. They have 28 days to respond by completing and submitting the ET3 form.

The tribunal will review the response to ensure it addresses the issues raised in your claim and whether the employer's defenses are legally sufficient.

4. Preliminary hearings

Sometimes, preliminary hearings are scheduled to decide on the admissibility of evidence, the scope of the claim, or any preliminary legal issues that could affect the case's progression.

5. Case management orders

The tribunal may issue orders to manage the preparation and progression of the case.

These orders set timelines for exchanging documents, witness statements, and other procedural requirements.

6. Gathering evidence and preparing the case

Both parties need to gather and organise evidence to support their respective positions.

This may involve compiling relevant documents and preparing statements to support your case.

7. Final hearing

The final hearing is where both parties present their cases to the tribunal.

It is typically conducted by a tribunal panel, including an employment judge and two lay members with experience in employment matters.

8. Tribunal decision

After considering all the evidence and arguments, the tribunal will make a decision detailing the outcome and any awarded remedies or compensation. This decision is usually issued in writing immediately after the hearing or later by post.

If you are unhappy with the decision, you may be able to appeal but only on specific legal grounds such as errors in law or procedural fairness.

9. Enforcement of the tribunal's decision

If the tribunal rules in your favour, the employer must comply with the decision.

If they don't, you can take further steps to enforce the decision, such as using court bailiffs or applying for enforcement through the courts.

How long does it take for a tribunal case to be resolved?

On average, a straightforward employment tribunal case might take around 6 to 12 months to resolve from the initial claim to a final decision. However, more complex cases can take 18 months or longer.

The below table provides a breakdown of what to expect in terms of timelines at each stage of the process.

Do I have to attend the tribunal in person?

Generally, you are expected to attend final hearings in person as are any witnesses involved. That being said, some tribunals now offer remote hearings for preliminary matters or simpler cases.

Preliminary hearings are often done remotely unless the tribunal decides in-person attendance is necessary.

Who may appear as a representative in the employment tribunal?

If you are unsure about which type of employment tribunal representation is best for you, it's advisable to seek initial consultations to discuss your case and understand how they can support you through the tribunal process.

At Lawhive, our network of expert employment lawyers is on hand to support you with employment tribunal representation. To find out more, contact us today.

Can Acas represent me at an employment tribunal?

No, ACAS can't represent you at an employment tribunal. As an independent public body, ACAS doesn't take sides or provide legal advice during conciliation. Its role is to remain neutral and help both parties reach an agreement.

For employment tribunal representation, you must consider other options such as an employment law solicitor, trade union rep, or self-representation.

Do I need legal representation at an employment tribunal?

If your case is straightforward and you understand the tribunal process, you may feel confident representing yourself. However, having professional legal assistance can significantly increase your chances of success, especially in complex or high-stakes cases.

If you choose to represent yourself, you might consider an alternative to full legal representation. For example, you could seek legal advice without representation to help prepare your case.

How can a solicitor help with my employment tribunal claim?

Engaging a solicitor for your employment tribunal claim can provide significant advantages, from the initial stages of your claim through to the final hearing and beyond.

They can help:

• Explain your legal rights, the claims you could bring, and possible remedies available to you;

• Evaluate the strength of your claim;

• Provide a realistic assessment of potential outcomes;

• Draft and file the ET1 form within the required time limits;

• Guide you through the Early Conciliation process with ACAS;

• Negotiate on your behalf and attempt to reach a favourable settlement agreement before a tribunal hearing;

• Assist in gathering and organising evidence;

• Create compelling legal arguments to support your claim;

• Advise on the benefits and drawbacks of settling your case versus proceeding to a full tribunal hearing;

• Represent you at preliminary and final hearings;

• Assist in taking enforcement action to ensure you receive the awarded compensation or other remedies.

If you are considering making a claim and are exploring the option of employment tribunal representation, our network of expert employment lawyers is on hand to help.

Contact us today to speak to our specialist Legal Assessment Team.

How much does it cost to hire a solicitor for employment tribunal representation?

Many solicitors offer employment tribunal representation under a no-win, no-fee agreement (sometimes called a conditional fee agreement).

Under this type of agreement, you only pay your solicitor a percentage of the compensation awarded if you win - usually from 25% to 35%.

Contact us today to discuss potential funding options and discover how an expert employment solicitor from our network can support you with employment tribunal representation.

What are the potential costs if I lose my case at an employment tribunal?

Employment tribunals in the UK operate with the principle that each party typically bears their own costs, regardless of the outcome.

That means you're only liable for your own legal costs, which may be zero if you entered a conditional fee agreement.

It is unlikely that the tribunal will order you to pay the other party's legal costs unless it finds you have acted unreasonably during proceedings.

What kind of compensation could I receive at an employment tribunal?

The compensation you can receive from an employment tribunal depends on the type of claim, the specifics of your case, and various influencing factors.

Awards can include compensation for financial losses, emotional distress, injury to feelings, and additional damages for aggravated conduct or breach of contract.

Some types of compensation, such as basic and compensatory awards for unfair dismissal, are subject to statutory caps and limits.

Should you decide to make a claim, you should discuss potential compensation with your solicitor to set realistic expectations and guide your approach to the tribunal process.

Can my employer settle my case before it goes to tribunal?

Yes, many employment disputes are resolved through settlement agreements rather than proceeding to a full tribunal hearing. This can happen during Early Conciliation or at any stage before the tribunal hearing either informally or through formal settlement discussions.

The negotiation process often involves an initial settlement offer from your employer, followed by counteroffers until an agreement is reached.

Setting a case can benefit both parties, as it often saves time and avoids the uncertainty of a tribunal decision. However, having a solicitor handle negotiations can protect your interests, and ensure the settlement terms are fair.

What happens if the tribunal rules against me?

Losing a case at an employment tribunal means you won't receive the compensation or remedies you sought, and you must bear your own legal costs, if there are any.

In terms of your next steps following the ruling you may consider appealing the decision (if there are valid legal grounds for doing so), request a reconsideration (if there were procedural errors), or explore settlement opportunities with your employer.

What should I do if I want to proceed with an employment tribunal claim?

If you decide to proceed with an employment tribunal claim you should:

1. Contact a solicitor to discuss your case;

2. Notify ACAS to initiate Early Conciliation;

3. File your tribunal claim;

4. Build and present your case.

What is rule 27 of the employment tribunal rules?

Rule 27 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 outlines the tribunal's powers to strike out a claim or response at an early stage.

This rule is used to manage cases that may not have a reasonable prospect of success or where procedural issues exist.

The tribunal may apply rule 27 on its own initiative or either party can apply for the other party's claim or response to be struck out under the rule.

What are the grounds for striking out a claim or response?

The tribunal can strike out a claim or response if:

• It appears that the case or the defences have no reasonable prospect of success;

• The claim or response is deemed to be scandalous, vexatious, or conducted in a manner that abuses the tribunal's process;

• A party fails to comply with a tribunal order or any of the rules without a reasonable excuse;

• The tribunal finds that it lacks the jurisdiction to hear the matter.

To avoid the risk of your case being struck out under Rule 27, ensure that your claim or response is well-founded, complies with all procedural requirements, and addresses any weaknesses identified.

What evidence do I need for an employment tribunal?

The type of evidence you'll need for an employment tribunal claim depends on the nature of your claim. This may include:

• Employment contract

• Termination or dismissal letters

• Emails, letters, or messages

• Performance records

• Copies of company policies

• Incident logs

• Witness statements

• Comparative evidence showing how you were treated differently compared to others

• Pay slips

• Bank statements

• Timesheets or work logs

• Redundancy notices

• Minutes from consultation meetings

• Redundancy selection criteria

• Alternative employment offers.

What is the burden of proof in the employment tribunal?

Generally, the claimant (the person bringing the claim) nears the initial burden of proof. This means they must present evidence to establish the facts that support their claim.

However, once the claimant has met their initial burden, the burden of proof may shift to the respondent (usually the employer) to prove their defence or to provide a lawful explanation for their actions.

For different types of claims, this involves:

• Unfair Dismissal: Proving dismissal and eligibility, then the employer justifying the fairness of the dismissal.

• Discrimination: Establishing a prima facie case of discrimination, then the employer providing a non-discriminatory explanation.

• Wage Disputes: Proving entitlement to unpaid wages, with the employer justifying any discrepancies.

• Constructive Dismissal: Demonstrating a fundamental breach by the employer forcing resignation.

• Breach of Contract: Proving the terms were breached by the employer.

• Whistleblowing: Showing protected disclosure and resulting detriment, then the employer providing a lawful reason for their actions.

In employment tribunals, the standard of proof is the balance of probabilities. This means that the claimant must show that their claim is more likely than not to be true.

Is it worth taking an employer to a tribunal?

Taking your employer to an employment tribunal can be worth it if:

• You have a strong case with solid evidence and clear legal grounds;

• The potential compensation and personal vidication outweigh the time and stress involved;

• You are prepared for the time and emotional commitments required;

• You have explored alternative resolutions with no success.

Only you can decide whether it is worth pursuing a claim. Balancing the potential benefits against the drawbacks will help you make an informed decision that aligns with your needs and goals, as will seeking the advice of a specialist lawyer.

Why choose Lawhive for employment tribunal representation?

You don't have to face an employment tribunal alone.

At Lawhive, our network of experienced employment lawyers is on hand to provide expert legal support for employment disputes, including unfair dismissal, discrimination, wage disputes, redundancy issues, and breach of contract claims.

We understand the emotional toll employment disputes can take and our network of lawyers is committed to championing your case and advocating passionately on your behalf.

What's more, we strive to make high-quality legal services accessible and affordable through flexible, transparent fee arrangements, including no-win no-fee options for certain employment cases.

Schedule a call with our specialist Legal Assessment Team to discuss your case and discover how Lawhive can support you through the employment tribunal process.