Workplace disputes can happen for many different reasons. Disagreements over contractual terms, allegations of discrimination or claims of unfair dismissal are all common causes of tension between employer and employee.
While some disputes can be resolved through negotiation, mediation, or early conciliation with the Advisory, Conciliation and Arbitration Service (Acas), those that cannot be settled amicably may end up being heard by an employment tribunal.
Pursuing a claim through the employment tribunal should be considered a last resort. Cases can be stressful, lengthy and there is no guarantee that a judgement will go your way.
However, seeking advice or representation from a solicitor specialising in employment law can significantly increase your chances of a successful outcome.
An employment lawyer can help prepare your case, identify relevant witnesses, and provide guidance throughout the process.
Employment Tribunal Solicitors
At Larcomes, we have a team of specialist employment lawyers with extensive experience in successfully representing our clients’ interests at an employment tribunal.
If you have already proceeded to an employment tribunal and you lost your case, our employment lawyers can also help with appeals.
We will assess your case and give you an honest opinion on your chances of success and can be there to represent you should you decide to challenge the decision.
To speak to one of our Employment Lawyers in Portsmouth and Waterlooville, please call 023 9244 8100 or click here to make an online enquiry.
In this blog, our Employment Tribunal Solicitors consider the process involved in an employment tribunal claim.
Solicitors for Employment Tribunal
Employment tribunals hear disputes that arise between employers and employees which centre around allegations of unlawful treatment.
Types of claims typically heard by an employment tribunal include:
- Claims for unfair or constructive dismissal. This happens when an employee believes they were dismissed for an unfair reason or were forced to resign because of an employer’s conduct.
- Discrimination claims. Employees may feel they have been discriminated against at work because of their age, sex, gender, sexual orientation or other protected characteristic.
- Redundancy disputes. Employment tribunals hear cases relating to disputes over redundancy payments and procedures.
- Bullying or harassment claims. An employer has a legal responsibility to ensure their employees are not subjected to acts of harassment.
An employment tribunal will only hear disputes that have failed to be resolved through other means. For almost all employment law claims, there is a mandatory early conciliation process you must follow through Acas, an independent public body that works with employers and employees to help resolve disputes.
Employment Law Solicitors Near Me
What happens at an employment tribunal can be broken down into five main stages:
STAGE 1: Early conciliation.
If you wish to bring a claim against an employer, you must notify Acas within a set time limit, which is usually three months less one day from when the incident occurred.
Acas will then offer you early conciliation to resolve your dispute, which is a free service where they speak to you and your employer and gives you the chance to come to an agreement without having to go to a tribunal.
If early conciliation does not work, or you choose not to participate, Acas will send you an early conciliation certificate.
STAGE 2: Claimant completes ET1 Form.
Anyone bringing a claim must fill in an ET1 Form which asks questions about personal details, earnings and benefits, and sets out key details of your dispute.
This must be filed with the tribunal office within one month of receipt of the Acas certificate.
STAGE 3: Employer completes an ET3 Form.
Once a claimant has submitted the ET1 Form, the tribunal will send their employer a copy.
Employers must then respond by completing an ET3 Form, which they must return within 28 days of receipt of the ET1.
STAGE 4: Tribunal contacts Acas.
Once the tribunal has received both the ET1 and ET3 Forms, it sends them to Acas who attempts to resolve the case without a hearing.
STAGE 5: Hearing.
If the case cannot be resolved, it will then progress to a hearing. Employment tribunal hearings can take place in person or online.
During an employment tribunal hearing, a claimant and respondent present their case, are asked questions and can be cross-examined. You can bring witnesses to an employment tribunal.
Both sides are then allowed to make closing submissions before the tribunal makes its final decision.
If a claim is successful, the tribunal may hold a remedy hearing to decide on compensation.
Employment Lawyer Portsmouth
If you are involved in a dispute with an employer, you should seek legal advice from a solicitor specialising in employment law as soon as possible.
Strict time limits exist for making a claim to an employment tribunal.
Employment law claims can be emotionally draining. However, at Larcomes, our sympathetic team of employment lawyers will guide you through the entire process, making sure you understand all the options available to you to find a solution that is in your best interests.
Our experienced employment solicitors will provide the legal advice and representation you need at every stage of the employment law dispute process including:
- Internal grievance procedures.
- Guiding you through the ACAS early conciliation process.
- Taking your claim to the employment tribunal.
- Settlement agreements and severance packages, should your position become untenable.
Remember you can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.
If you want to make an employment tribunal enquiry, please call our specialist employment law solicitors today on 023 9244 8100 or make an online enquiry.
