Employment Tribunals

1. The Tribunal Process

Employment tribunal hearings usually take place before a legally qualified employment judge and two lay members, one nominated by an employers' organisation and the other from a union or employees' body.

Decisions can be made by majority vote, though most are unanimous.

1.1 The employment tribunal process is impartial, but, in an unfair dismissal claim, it does generally start by assuming that there is a case for the employer to answer.

• Tribunals try to be guided by what is reasonable. They will take into account prevailing standards and practices in your industry and recognise that special difficulties can arise in smaller firms.
• Awards made by the tribunal are aimed at compensating the employee, not punishing the employer.

1.2 The starting point for tribunal decisions is statute law.

• Employers must have followed fair and transparent disciplinary and grievance procedures.Failure to do so can result in an employment tribunal increasing any award payment by 25 per cent.
• The Acas Code of Practice also provides valuable guidelines, particularly in unfair dismissal cases.

1.3 The process begins when the claimant submits a form (ET1) to a regional tribunal office. In it they explain the basis of their complaint and state whether statutory workplace dispute resolution procedures have been followed.

• You will be sent a copy and must respond (on form ET3) within 28 days of the date the form was sent out, or risk losing your right to contest the case.
• What you say in your response is the case you will be putting to the tribunal, so give a considered reply.
• If you have a good reason, you can ask for an extension beyond the 28-day period.

1.4 You will be sent a date for the hearing.

• Any request for a postponement should ideally be made immediately.
• If a date is just impossible for you, tell the tribunal, giving good reasons. (If you will be abroad, send a copy of your air ticket.)
• When you reply, tell the tribunal if you think the case is likely to be complicated.

1.5 The tribunal will copy the papers to Acas, as Acas has the discretionary power to offer conciliation.

• Acas tries impartially - and often successfully - to help parties settle out of court. Well over half of all claims are settled or withdrawn before the hearing.