What is the employment tribunal process?

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The employment tribunal process can be divided into three main stages:

- Preparatory stages

- The final hearing

- Post-hearing stage

Preparatory stage

The preparatory stage is from issue of the claim to the final hearing. It will involve the employment tribunal sending out various documents to the parties, including, the claim form (ET1) and response form (ET3)

Unless the claim is straightforward, the Tribunal will likely arrange a ‘Preliminary Hearing’, which can be conducted on-line or in person. The main purpose of the hearing is to clarify any issues and to agree a timetable for the preparation of the claim. In advance of the Preliminary Hearing, the Tribunal will send an Agenda for both parties to complete and, hopefully, agree.

Either party can make applications, such as for a deposit order or strike out and this will result in a Preliminary Hearing. The Tribunal will invite the parties to address it on the applications before deciding on the outcome.

If the claim is straight forward, standard directions may be set, essentially meaning that the Tribunal dictates the timetable without input from either party.

The Timetable in either case will usually include dates for the parties to:

- send a list of relevant documents (including any that are detrimental to their own position)

- provide copies of documents to the other side

- agree a Trial bundle, with the respondent usually responsible for preparing copies for the Tribunal

- exchange witness statements

- attend Tribunal for the final hearing.

The final hearing

The final hearing is when the employment tribunal will hear evidence from both parties and make a decision on the case.

The hearing is usually heard in person, but can be on-line. Depending on the nature of the claims, the panel hearing the case can either be an employment Judge sitting on his/her own or three people comprising the Judge and two lay-members (non-legally trained) with one having an employer’s background and the other an employee’s.

The hearing will follow strict rules and procedures, which vary depending on the claims involved. At a basic level both parties will get to make open statements about the case, call their own witnesses, cross-examine the other side’s witnesses and make final representations about the evidence.

At the end, the panel will usually retire to make their decision on liability (i.e. decide who wins). Often, there is not enough time at the end of the hearing, so the decision follows in the post.

If time allows (usually this is agreed in advance), there may be time left to discuss ‘remedy’ which is where the Tribunal decides how much compensation to award if the claimant wins.

The post-hearing stage

The post-hearing stage usually involves the employment tribunal issuing its judgment, unless this was delivered at the hearing. The judgment will set out its decision on the case and will also give reasons for its decision.

There may then follow a further hearing to decide the ‘remedy’ in the event the Claimant is successful. The remedy hearing will decide the amount, if any, of compensation that is payable to the claimant.

Following the decision, a party may ask the Tribunal to ‘reconsider’ its decision. If this happens the grounds for reconsideration should be set out and submitted to the Tribunal within strict time limits.

Either party may also appeal the decision to the Employment Appeal Tribunal, where again strict time limits apply on the basis for appeal. Appeals can only be made on a point of law, you cannot appeal a finding of fact, so this often limits the scope for an appeal.

Article by

Yeing-Lang Chong

0800 915 7777

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer

The above provides a general overview relating to employment tribunals and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

07.07.2023

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