We have put together a guide to answering some of the most frequently asked questions, simply click on the phrase to see the explanation:
How long do I have to bring a claim to the Employment Tribunal?
Generally speaking your claim must be filed with the appropriate Employment Tribunal within 3 months. This time limit is extremely strict and if missed even by a few minutes, you risk your claim being time-barred. If you wish to bring a claim against your employer, it is advisable to take legal advice as early as possible and to avoid leaving the filing of the ET1 until the end of the time limit.
How long can a claim take to go through the Employment Tribunal?
Once your claim has been submitted to the Employment Tribunal it can then take between three and six months to process before the Tribunal hearing. Most hearings can be dealt with in one or two days.
What is the Employment Tribunal?
The Employment Tribunal is for employment disputes and can be less formal than the Court process. There is usually a panel of 3 people, consisting of a legally qualified Judge and two non-legal, lay people who have experience within employment workplaces. The judgements provided by the Employment Tribunal are legally binding.
What happens at the Employment Tribunal?
Your case will progress through the Employment Tribunal process to a hearing. Documents will be prepared for use at the hearing and both you and your witnesses will need to attend to give evidence on oath. At the hearing your case will be put forward and your employer will be given the opportunity to provide their response to the claim and ask questions. Once the evidence has been heard, the Employment Judge will provide a binding judgment on the case.
How much will it cost to go to a Tribunal?
This depends on several factors including the complexity of the case, the number of documents and witnesses involved and the strength with which the employer defends the case. We can however provide initial advice and assistance with your claim on a fixed fee basis.
I have been given a Compromise Agreement and need to take legal advice on it. What is its purpose?
Sometimes in a redundancy or dismissal situation or in settling a grievance, an employer may ask the employee to sign a Compromise Agreement. This is an agreement by which you may settle, waive or compromise any claims you may have against your employer/former employer. It is therefore vitally important that legal advice is taken before signing any compromise agreement.