If you have been wrongfully or unfairly dismissed, or if your employer has breached your contract or discriminated against you, you may be able to take legal action in an employment tribunal. 

It is important to note that there are strict time limits for taking action and certain steps you need to follow, so you should seek legal advice as soon as possible.

What is an employment tribunal?

An employment tribunal is a court that hears disputes between employees and employers. If you have a dispute with your employer, you can bring a claim against it in an employment tribunal.

Who can I sue?

Most claims will be against your employer. It is generally responsible for your treatment including being responsible for acts of your colleagues (known as vicarious liability).   

With discrimination claims, you can also sue the individual perpetrator(s). This means the claim will be against an individual (as well as your employer, we suggest). Often the Tribunal will allow individuals to be removed if your employer agrees to be wholly responsible for any award, but there may be tactical reasons for including an individual to the claim.

What types of claims can I bring in an employment tribunal?

There are many different types of claims that can be brought in an employment tribunal, but some of the most common include: wrongful dismissal, breach of contract, unfair dismissal and discrimination.

What is the time limit for bringing a claim in an employment tribunal?

There are strict time limits for bringing a claim in an employment tribunal. For most claims, you must bring your claim within three months (less one day) of the date that the problem occurred (or the date of dismissal). However, before you can claim, you need to trigger Early Conciliation.

What happens if I win my case in an employment tribunal?

If you win your case in an employment tribunal, the tribunal can order your employer to take action to remedy the situation. For example, the court could order your employer to reinstate your job or re-engage you in a similar job. Usually, the Tribunal will simply order that your employer pay you compensation for any losses that you have suffered.

Can I appeal if I lose my case in an employment tribunal?

If you lose your case in an employment tribunal, you may be able to appeal the decision to the Employment Appeal Tribunal. You may also be able to apply to have the decision reconsidered by the Tribunal. However, there are even stricter time limits and rules for appealing or applying for reconsideration, so you should seek legal advice as soon as possible.

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.

15.07.2023