Defending Employment Tribunal Claims
The Workforce
Defending Employment Tribunal Claims
Application
An employee (the claimant) brings a claim to an employment tribunal by completing the claim form and submitting it to a tribunal. This can now also be done on-line. Under normal circumstances, an employee will have any claim rejected by the tribunal if the statutory disciplinary or grievance procedures have not first been exhausted. There is normally a limitation period within which a claim must be brought (in most claims this is either three months from the date of dismissal, or from the date of the last incident complained of - which is the subject of a claim). This limitation period is extended by three months if the procedures are not completed, to allow time for them to be completed.
Response
The tribunal staff vet all claims submitted and, if the application is valid, will forward it to the employer (respondent). A response form for completion by the respondent will be provided and a deadline set within which the response must be submitted (28 days from when the tribunal sends it out).
It is essential not to miss the deadline! A late response may not be accepted by the tribunal and a default judgment may be entered against you, without your being able to defend the claim.
Once you have submitted your response to the tribunal, you will receive an acknowledgement and more details of how the claim will be processed. Certain straightforward claims can be fast-tracked, others are prepared over a longer period of time.
The Advisory Conciliation and Arbitration Service (ACAS) will make contact with both parties to see if there is any scope to settle the dispute before the tribunal and its conciliator will try to broker a settlement. If settlement is not reached by the relevant deadline, the ACAS conciliator will drop out of the picture.
It is always possible to broker a settlement agreement between solicitors at any time prior to the hearing. If settlement is reached, ensure that it is on the condition that the claimant withdraws the claim from the tribunal.
Case Preparation
The tribunal will issue case management orders providing for deadlines for preparation of the case. Both parties will be expected to exchange details of documents associated with the claim(s) and exchange copies of witness statements from all witnesses due to attend and give evidence at the hearing. Normally a bundle of documents is prepared to use at the hearing.
A hearing date will be set by the tribunal.
Remedies
Any claimant to a tribunal can apply for one or more of three remedies, which may be awarded by the tribunal if the claim is successful:
Compensation
A tribunal makes an award based upon what it believes to be just and equitable in all the circumstances of the case. In most general unfair dismissal claims this is capped, currently at £56,800, but there are certain claims where this cap does not apply and unlimited awards can be made, such as for claims for unlawful discrimination (race, sex, disability etc.)
Reinstatement
This is where a tribunal will require the employer to take the employee back into employment under the original contract with the aim of putting the employee in the same position he was before the dismissal occurred and protecting his continuous employment.
Re-engagement
This is re-employment under a new contract which must be on similar - and not less favourable - terms and conditions than the original contract of employment but may be in a different job.
(Needless to say, the latter two remedies listed above are rarely awarded.)
Do contact Borneos as soon as possible if a tribunal claim is brought against you. The deadlines are tight and must be taken seriously - but we can help. If you seek advice from us early on, we can act to minimise the impact of any claim against you.
If you would like to discuss how we might help you, please:
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call any of our office numbers listed at the bottom of this page;
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contact one of our specialists direct by clicking on their name below; or
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complete our enquiry form
For our current updates on developments in employment law please see our Employment Law Updates page.
Details of our future seminars are on our Seminars page.
Members of our team specialising in this area:
