It’s something that employee and employer would rather avoid, and it can be stressful and time consuming, but if you feel wronged as an employee you might ask yourself ‘can I take my employer to a tribunal?’.
What is an employment tribunal?
If you feel you have been treated unlawfully in the workplace, you can bring your case to an employment tribunal.
An employment tribunal makes decisions about workplace disputes. The tribunals are often held in office buildings as opposed to the courts and decisions are made by an Employment Judge who, in more complex cases e.g. discrimination, is assisted by two panel members, and will collectively decide the outcome of the case.
Common cases heard at a tribunal include:
- unfair dismissal;
- unlawful deduction / non-payment of wages; and
- discrimination.
Can I make a claim to a tribunal?
Depending on your problem, you can make a claim. However, there are conditions which need to be met first for a claim to be valid.
Maybe the biggest condition is time.
Usually, a claim must commence within three months less one day from the cause of action arising. Where the claim is about redundancy or equal pay, the time limit extends to six months less one day.
Should I take my employer to a tribunal?
Where possible, it’s always advisable to informally raise the issue as it may be possible to sort the problem before a claim is even made. Failing that, consider raising a formal grievance.
If however, the matter cannot be resolved and claim needs to made, in the first instance you must first tell the Advisory, Conciliation and Arbitration Service (ACAS).
ACAS will consider your claim and will offer early conciliation, when an independent conciliator will be appointed. Early conciliation will seek to find an agreement and resolution to the dispute without the need for tribunal.
It is possible for either party to refuse to engage in the early conciliation process, however ACAS must always be contacted first before a claim is made to an employment tribunal.
If talks break down or an employer refuses, the next step is to complete a claim form, also known as a ET1, which will allow you to take your case to an employment tribunal.
The ET1 can be completed online by yourself, or if you have an adviser or representative they can fill it in on your behalf. It will ask details on the nature of the claim and it’s advised you givee as much detail as possible while being concise and to the point.
What happens during a tribunal claim?
If early conciliation does not resolve the issue, the next step is to lodge a claim with an employment tribunal, following which a series of orders may be made by the employment tribunal, depending upon the nature of the claim, and a hearing will be listed to take place.
It is possible to pursue a claim and appear at a tribunal without a representative, and the tribunal process is set up in a way where an employee can understand the process and address any questions that may arise.
At the hearing itself, the tribunal will hear the evidence from both sides before coming to a decision on the case. A decision can be made on the day, or it can take longer, in which case the tribunal will contact you with the outcome in due course.
How much does it cost to take my employer to a tribunal?
It costs nothing to make an employment tribunal claim.
There is however, a small chance that you may be required to pay the employer’s costs. This usually only applies where a case is brought despite there being little or no chance of success, if a good settlement is turned down without reason, or if you behave badly in the handling of the case.
Can you withdraw a claim?
You are within your rights to withdraw a tribunal claim and this can be done in writing to the tribunal.
A claim may be withdrawn if the parties reach a settlement, but if you come to a settlement you have two options:
- If the settlement is through ACAS this will be withdrawn automatically by ACAS.
- If you settle another way, either you or a representative will have to notify the tribunal.