Tribunal Practice and Procedure

What is an Employment Tribunal?

• Employment Tribunals are the body set up to resolve disputes between employers and employees regarding employment rights.

Why can an Employee make a Claim?

• If an employee considers that you have not complied with statutory employment law, or for example, have breached their terms and conditions of employment then they can make a claim to an Employment Tribunal for a remedy. 

What should I do if a Claim is made?

• You will receive documentation from the Employment Tribunal and also ACAS, the Advisory, Conciliation and Arbitration Service.  You will be given a set period of time in which to make a response to the claim.  It is important for you to respond to the Employment Tribunal by the given deadline. 

Negotiating a Settlement

• An ACAS officer will be allocated to each claim.  Negotiations can be made to settle the claim via ACAS.  In some cases, a deadline in which to do this will be set by the Employment Tribunal.
• If you come to a settlement arrangement via ACAS then you will enter a settlement agreement called a COT3.  If you come to a settlement agreement prior to the Tribunal hearing date, but after the expiry of the time period allowed under ACAS you should settle the dispute by way of a Compromise Agreement.  This is the only way that you can be sure that the employee will not bring a further claim against your business, based on the original grounds of complaint.

How will the case progress?

• The Tribunal will at all stages manage the Tribunal process and may call a case management conference or similar hearing in order to direct the progress of the case.  This means that they will give you timescales in which to exchange witness statements, provide further evidence, provide information and similar.  You must comply with these deadlines. 

What happens if the dispute is not settled?

• If the claim does not settle prior to the Tribunal hearing you will be expected to attend the hearing and put forward your evidence as to why you defend the claim. 
• Only in very limited circumstances will a hearing be postponed.  If you feel you have a good reason to postpone the hearing you should write to the Tribunal and request this.  The Tribunal Chairman will decide whether to grant a postponement. 

If you receive a Tribunal claim and would like further advice, please contact lead Partner, Carol Shaw.

Carol Shaw
Partner

John Spratt
Partner

Hitendra Patel
Partner

Debra Wetters
Solicitor