What is an employment Tribunal?

An employment Tribunal is responsible for hearing claims from an employee/worker who thinks their employer (or potential employer) has treated them unlawfully.

Unlawful treatment includes:

  • unfair dismissal
  • discrimination
  • equal pay
  • unfair deductions from wages
  • wrongful dismissal

Before going to a tribunal, the employee/worker must contact the Advisory, Conciliation and Arbitration Service (ACAS) to inform them of their intention to make a claim against the employer or potential employer.

ACAS will attempt to settle the dispute between employee and employer by offering the Early Conciliation Service. ACAS will speak to both parties about the workplace dispute and attempt to come to an agreement.

If early conciliation fails and the employee still wishes to go ahead with the tribunal claim, ACAS will issue both the employer and employee and early conciliation certificate. When the employee starts the tribunal claim they will need to fill in a form called an ET1 they’ll also need the early conciliation certificate number that was issued by ACAS.

The employment tribunal will send a copy of the employees completed ET1 form to the employer, this allows the employee to respond or defend themselves against the claim. This response is called the ET3, a copy of the ET3 will also be sent to the employee/worker.

To prepare for the tribunal both parties should exchange a list of documents that may be used at the tribunal hearing, this is called the ‘bundle’. The bundle can include contract of employment, meeting notes, letters and emails. The employer may also want to consider gathering statements from witnesses who will be giving evidence of behalf of the employer.

 

So, what can Honest Employment Law Practice do to HELP?

Honest Employment Law Practice has a full tribunal team that will assist you every step along the way:

  • Preparing and agreeing the ET3 response
  • Conduct all discussion with ACAS at the pre-conciliation stage
  • Assist with witness statements
  • Prepare a tribunal bundle
  • Our solicitor will discuss the case with you directly
  • HELP will then represent you in tribunal
  • Negotiation of financial settlements and COT3/settlement agreements.

 

All this support is included within our monthly retainer – all we ask is that you make an open and honest disclosure of all events that lead up to the tribunal being raised and that you have followed our advice.

If you would like more information about how Honest Employment Law Practice can help your business with any aspect of employment law, please contact us for a free consultation with one of our team.