Employment Tribunal Explained

Navigating through an employment tribunal's pathways do not have to be as daunting and confusing as it appears. Employment Tribunals listen to disputes between employees, trade unions or employers that could not be settled by normal means. Matters of redundancy, breach of contract, unfair termination of employment and discrimination are among a few of the challenges a Tribunal may hear.

The Ministry of Justice oversees the administration and operation of Employment Tribunals. Employment tribunals are most common in England, Scotland and Wales. Employment disputes in Northern Ireland are addressed by the Industrial Tribunals and Fair Employment Tribunal of Northern Ireland.

Complaints that are filed with tribunals are called cases. These cases are decided by a panel of three members: one is a judicially qualified employment judge and the other two members may be non-judicial members specializing in employment dispute bargaining. Cases or hearings are open to the general public to attend and observe. Employment Tribunals are absolutely prohibited from giving legal advice. An Employment Tribunal's final decision is called a judgment and is legally binding based on employment laws. Parties in disagreement with the judgment appeal to the judicial system for a review or further legal litigation.

The typical process of an Employment Tribunal is as follows:

• Filing a claim to be heard by the Employment Tribunal is free of charge. Filing papers may be picked up from their offices in person or downloaded from their websites.

• A claim or complaint has a three month time limit and must be filed within that time after the event occurred.

o You have three months after your employment ended or three months after the incident occurred.

o Tribunals rarely accept claims after the three months has expired.

• The Tribunal tries to process the claim

o Within 3 working days of the claim's receipt

o Answer letters within 10 days of receipt

o Tries to bring claims to hearing within 26 weeks

• The Tribunal reviews the complaint and puts it on their hearings calendar called a docket.

• Anyone may hire an attorney at their own cost to help with their case if they wish.

• All concerned parties are notified of the complaint receiving a summons of the hearing/docket date and hearing location usually via certified mail or are served papers in person.

• All parties involved in the claim prepare their arguments and gather evidence to present at the hearing.

• Everyone reports to the hearing at the appointed date, time and location and wait until their specific case is called to be heard.

• The case is called to be heard.

• Individuals are put under oath to speak truthfully about their testimony and about presented evidence.

• Please not that you can be prosecuted for perjury if it is discovered that you lied or gave false testimony.

• A final decision is rendered with recommendations and remedy ordered.

There is no need to be afraid of initiating a claim with an employment tribunal. All of them are very helpful in answering questions and guiding people through the process. Some will even have step-by-step lists walking people through each task to be completed before reaching the hearing stage. Remember, they will not give legal advice as it is against their regulations. Consult an attorney for any legal advice that is needed.

Sarah writes on behalf of Employment Solicitors, who offer a free employment claim evaluator. If your looking for advice about your claim or in need of an Employment Solicitor UK, look to them for advice and help with your claim.