Employment Tribunal Claim Solicitors
As an employee, you want to believe that you are being treated fairly and legally, however unfortunately, this is not always the case. From unfair dismissal, discrimination, and unpaid wages - several things could happen in the workplace throughout your career to challenge this notion.
However, depending on the situation, you may be able to make a claim against your employer and take them to an employment tribunal, which provides a formal setting where these and other issues can be addressed and for which you could be compensated.
The subheadings from the article "Employment Tribunal Claim Solicitors" are as follows:
If you're considering a tribunal claim or dealing with a problem at work, our network of expert employment lawyers is on hand to provide advice and support throughout the process.
They can help you understand your legal rights as an employee, assess the strength of your claim, and walk you through the steps of making a tribunal claim if you decide to go ahead.
Many employees understandably worry about the costs and consequences of making such a claim. However, At Lawhive we believe everyone should have accessible legal help and be able to fight for their rights regardless of who they are or where they are from.
As such, we go above and beyond in providing the expert advice and support you need to initiate a claim and see it through to an outcome that's acceptable to you, whether that's a settlement agreement or a final hearing in a tribunal case.
To find out more and start a tribunal claim, contact our Legal Assessment Team today for a free case evaluation.
What is an employment tribunal?
An employment tribunal is a legal body that deals with disputes between employers and employees.
It's less formal than a court but still follows legal procedures to ensure fair hearings. The tribunal listens to both sides of the dispute and decides on the outcome based on the evidence presented.
When can you make an employment tribunal claim?
You can make an employment tribunal claim if you believe your employer has treated you unfairly or broken the law.
Common reasons include:
If you're considering making a tribunal claim, important to act quickly, as there are strict time limits for doing so.
How do you make an employment tribunal claim?
Before making an employment tribunal claim, you must first tell Acas (Advisory, Conciliation and Arbitration Service) that you plan to do so, and go through their early conciliation process.
If early conciliation does not work for you, or you don’t want to take part, Acas will send you an early conciliation certificate. From that point, you have one month to make your claim.
Then, to make a claim, you need to fill out a claim form, known as an ET1, and submit it to the employment tribunal.
What is the role of Acas in employment tribunal claims?
As we've mentioned, before you can make an employment tribunal claim, you must tell Acas and go through early conciliation.
In early conciliation, an Acas conciliator will work with you and your employer to reach a settlement agreement. This process is free and usually lasts up to one month, although it can be extended by two weeks if both parties agree.
If early conciliation does not lead to a settlement, Acas will give you a certificate confirming that conciliation has been attempted. You need this certificate, which contains a reference number, to go ahead with your employment tribunal claim.
Acas can also continue to help you and your employer negotiate a settlement even after you've filed your tribunal claim.
To support and submit your claim, you will need to include:
Your full name, address, date of birth, and contact information.
Your National Insurance Number.
Your employer’s details such as name, address, and contact details.
Your employment details like your job title, a brief description of your role, when you started and ended your employment, and details of your pay.
A clear explanation of the issues and the type of claim you are making (unfair dismissal, discrimination, unpaid wages), and specific details about what happened.
Names of any individuals involved in the dispute.
The early conciliation reference number.
You will also need to as much evidence as possible to support your claim like your contract, pay slips and financial records, any communication with your employer, witness statements from colleagues, and records of any grievances or complaints you have made to your employer and their responses.
The type of evidence you will need to support your case will depend on the nature of the claim. For example, you likely won't need to provide pay slips for a disability discrimination claim or require witness statements for a pay dispute.
If you're unsure of the type of evidence you need to make a tribunal claim or are concerned about the strength of your claim based on the evidence you do have, an employment lawyer can provide personalised advice based on your circumstances. Contact us to find out more.
How long do you have to make an employment tribunal claim?
Generally, you have three months minus one day from the date of the incident to file your claim, however, there can be some slight differences depending on the claim.
For unfair dismissal, you must submit your claim within three months miuns one day from the date your employment was terminated. For example, if you were dismissed on 1st January, you would need to file your claim by 31st March.
For claims involving discrimination (such as race, gender, age, disability, etc.), you also have three months minus one day from the date of the last discriminatory act. If the discrimination is ongoing, the time limit starts from the last incident of discrimination.
Claims for unpaid wages, including holiday pay and other entitlements, must be filed within three months minus one day from the date the payment was due.
And, if you are claiming redundancy pay, the time limit is six months minus one day from the date your employment ended.
As you must contact Acas before making a claim, when you contact them, the time limit for your claim is paused until you receive an early conciliation certificate. Once you receive the certificate, the clock starts ticking again, and you have at least one month to submit your claim to the tribunal, even if the original three-month limit has passed during conciliation.
While the time limits are generally strict, there are a few exceptions where extensions might be granted:
If it was not reasonably practicable for you to submit your claim within the time limit (e.g., due to illness or other significant circumstances);
If the tribunal believes it is just and equitable;
If the case deals with ongoing discrimination or harassment.
What happens after you submit an employment tribunal claim?
After submitting your claim, the tribunal sends a copy to your employer and they have 28 days of receiving it to respond. If they don't, the tribunal may issue a default judgment in your favour.
In some cases, a preliminary hearing is scheduled by phone, video call, or in person. You and your employer will then be given deadlines to submit evidence, witness statements, and other documents.
In the final hearing, the tribunal panel will consider the evidence and arguments before reaching a final decision. However, this may not happen on the day.
If you win, the tribunal will decide what you get, which could include compensation or, in some cases reinstatement or re-engagement.
How should you prepare for an employment tribunal hearing?
If you engage a solicitor, they will help you prepare everything you need for the final hearing, including evidence, and walk you through what to expect on the day.
Even if you choose to represent yourself at the hearing, it may be wise to seek advice from a solicitor so you understand the process, the strength of your case, and what to expect.
Can you settle an employment tribunal claim out of court?
Most employment disputes are settled out of court as it's quicker, easier, and cheaper to do so. This is why early conciliation is a mandatory part of the process, as litigation can be arduous, time-consuming, stressful, and expensive for employers.
You can and may consider settling an employment dispute at any time during an employment tribunal claim before the hearing.
If you do decide to settle, the settlement agreement will typically include some form of compensation and terms you must both follow, however, rather than being decided by the tribunal this is negotiated between you and your employer.
While settlement agreements can be a good way to end an employment dispute, you should seek independent legal advice before agreeing to anything as you will probably give up your right to make any further claims.
Employers will usually pay for an employment lawyer to review and advise on the settlement agreement so you can make an informed decision regardless of your financial situation.
What compensation can you get from an employment tribunal claim?
Compensation for unfair dismissal
The basic award is a fixed sum calculated based on your age, length of service, and weekly pay (up to a statutory maximum). The formula is:
0.5 week’s pay for each year of service under age 22
1 week’s pay for each year of service between ages 22 and 41
1.5 weeks’ pay for each year of service over age 41
The compensatory award compensates you for the actual financial loss suffered as a result of the unfair dismissal. It can include:
Loss of earnings (past and future wages)
Loss of benefits (e.g., pension, health insurance)
Expenses incurred due to the dismissal (e.g., job-seeking costs)
Loss of statutory rights (e.g., redundancy pay if applicable)
The compensatory award is subject to a statutory cap, which is the lower of one year's gross pay or a specified amount.
Compensation for Discrimination
Injury to feelings
This is awarded to compensate for the emotional distress and harm caused by discrimination. The amount is based on guidelines known as the "Vento bands," which set out three ranges for compensation:
Financial losses
Similar to the compensatory award for unfair dismissal, this covers loss of earnings and benefits resulting from the discrimination.
Aggravated damages
n cases where the employer's behavior has been particularly egregious or malicious, additional compensation may be awarded.
Compensation for breach of contract
Unpaid Wages: Compensation for wages that were not paid by the employer.
Notice Pay: If your employer fails to give you the required notice period or pay in lieu of notice, you can claim this amount.
Holiday Pay: Compensation for any accrued but untaken holiday pay at the time of dismissal.
Other Contractual Entitlements: Any other benefits or payments owed to you under your employment contract.
Redundancy pay
If you are entitled to redundancy pay and your employer has not paid it, you can claim this through the tribunal. The calculation is based on your age, length of service, and weekly pay (similar to the basic award for unfair dismissal).
Compensation for unlawful deduction of wages
If your employer has made unlawful deductions from your wages, you can claim the amount that should have been paid to you. The amounts awarded will depend on the specifics of your case and are subject to statutory limits and guidelines.
If you are considering making a claim, seeking legal advice can help you understand what compensation you might be entitled to and how to present your case effectively.
How can you appeal an employment tribunal decision?
If you disagree with an employment tribunal decision, you have the right to appeal to the Employment Appeal Tribunal but only if you believe the tribunal made a legal mistake, such as misinterpreting the law or failing to apply it correctly to the facts of your case.
If this were to be the case, you must file your appeal within 42 days of the date of the tribunal's decision.
Once your appeal is submitted, the respondent (your employer) will be allowed to respond in a specified timeframe. Then, the EAT may hold a preliminary hearing to determine whether your appeal has reasonable grounds to proceed. This is not a full hearing but a review to decide if there is a valid case for appeal.
If your appeal is accepted, a full hearing will be scheduled. During the hearing, both parties will present their arguments, focusing on the legal or procedural issues raised in the appeal.
Then, the EAT will review the tribunal’s decision and decide whether there was an error in law or procedure. The EAT does not re-hear the case or consider new evidence; it only reviews the original decision.
The possible outcomes of an appeal are:
Dismissal: The EAT may dismiss the appeal if it finds no error in the original tribunal’s decision.
Remission: The EAT may send the case back to the original tribunal for reconsideration, often with specific instructions on how to correct the legal or procedural errors.
Substitution: In some cases, the EAT may substitute its own decision for that of the original tribunal.
How much does it cost to make an employment tribunal claim?
Making an employment tribunal claim has been free since the abolition of tribunal fees in 2017. However, there may be other costs to consider, such as solicitor's fees.
If you choose to engage a solicitor to support your tribunal claim, they may be able to help you on a no-win, no-fee basis. These types of agreements mean you only have to pay your solicitor a success fee if your case wins, which can help ease the financial burden of making a tribunal claim.
To learn more about no-win, no-fee agreements and find out how Lawhive's network of employment lawyers may be able to support you on this basis, contact us today for a free case evaluation.
What support is available for employees during an employment tribunal claim?
Acas offers a free conciliation service to help resolve disputes before they reach the tribunal. An Acas conciliator will facilitate discussions between you and your employer to try to settle. They also provide you with information and advice on employment rights, the tribunal process, and how to prepare for your case. Their helpline and online resources can be valuable tools.
If you are a member of a trade union, they can provide representation and support throughout the tribunal process. Union representatives can attend hearings with you and offer advice and advocacy.
Citizens Advice also offers free, confidential advice on employment issues, including how to handle an employment tribunal claim. They can help you understand your rights and the steps you need to take.
How can Lawhive help with employment tribunal claims?
Facing an employment tribunal claim can be overwhelming, but you don't have to go it alone. At Lawhive, our experienced team of employment law specialists is here to guide you every step of the way.
Whether you need expert legal advice, representation, or simply someone to help you understand your rights, we are dedicated to ensuring you get the support you deserve.
Get in touch with us today and get the expert support you need.