what actually happens when someone raises a tribunal
The worst (or so it feels like) has happened, one of your employees is taking you to an employment tribunal. It’s a position no employer wants to be in but don’t panic.
Only you and the employee in question will know the full details and ins and outs of the particular case and you may feel what’s happening is unfair but it’s time to put personal feeling aside. Your employee has a right to take you to an employment tribunal over various issues which can include (but are not limited to) pay, dismissal or discrimination and you have a duty as their employer to respond.
The tribunal is independent of government and will listen to you (the respondent) and the other party (the claimant’) before making any decisions. You may have to pay compensation or reinstate the claimant if you lose the case.
But let’s not get ahead of ourselves and work step by step through exactly what happens and when
1. Initiating The Claim
This process begins when an individual (the claimant) and usually your employee lodges a formal complaint or claim with the appropriate employment tribunal. This is done by submitting specific forms usually available online which detail the nature of the dispute, the parties involved and the grounds for the claim.
2. Early conciliation
When the claim is made in the first instance the employee will be guided down an 'early conciliation' process. ACAS will approach about you about the dispute. It gives you the chance to come to an agreement without having to go to tribunal and submit any formal documentation.
If you can agree an outcome the agreement can be completed with a COT3 which is a legally binding agreement that resolves the claim.
You have up to 6 weeks to complete early conciliation. After that time an early conciliation certificate will be issued if a resolution can’t be found, a claimant cannot proceed to the formal process without an early conciliation certificate.
3. Notification To The Other Party
Once the claim is received by the tribunal, the tribunal will notify the respondent (that’s you) about the claim and provide them with details of the allegations. You are then able to respond to the claim, explain your side of the story and submit any counterarguments or evidence.
You have 28 days to respond from the date of receipt of these documents usually called The Response Pack.
4. Preliminary Hearing (Optional)
In some cases, a preliminary hearing may be scheduled to address procedural issues, clarify points and potentially narrow down the issues in dispute before proceeding to a full hearing.
You may be able to solve the claim without any kind of hearing
You’ll be contacted by ACAS if someone wants to make a claim against you. They’ll offer to work with you and the claimant to try and solve the problem without it going to a tribunal. This is called conciliation.
5. Managing the Case
If the case proceeds, the tribunal will manage all elements, potentially scheduling further hearings, setting deadlines for the exchange of evidence and documents and ensuring that both parties have the opportunity to present their arguments.
6. Evidence Exchange and Preparation
Both parties are required to exchange relevant documents and evidence they intend to rely on during the hearing. This may include witness statements, documents related to the employment relationship and any other pertinent information.
7. Full Hearing
Probably the part you are dreading the most but, it is your opportunity to present your evidence, arguments and witnesses before an employment judge or panel. The claimant usually presents first followed by the respondent. Witnesses may be called to testify and legal representatives may represent the parties.
8. Judgment
After the hearing, the employment tribunal will consider the evidence and arguments presented by both sides and issue a judgment. This will outline the tribunals decision and may include orders for compensation, reinstatement or other remedies if applicable.
In most cases you’ll be sent the decision in the post a few days or weeks after the hearing. The decision will be published on GOV.UK. In certain cases, you may also be given the decision at the hearing.
If you win the case:
In most cases, you will not be awarded any compensation if you win. However, if the claimant acted unreasonably or if their case had no hope of success, you can ask to be awarded costs by the tribunal.
9. Appeals
If the claimant or if you are unhappy with the outcome you may have the option to appeal to a higher tribunal. The Employment Appeal Tribunal (EAT) on points of law. Further appeals can also be pursued through the regular court system in the UK
You can find out more on Tribunal Legislation here https://www.gov.uk/government/publications/employment-tribunal-procedure-rules