We regularly speak to employees who are having difficulties at work and want to look at their options including bringing claims against their employer at the Employment Tribunal. However, litigation can be a daunting prospect, especially as many employees don’t know how an Employment Tribunal claim will be conducted. This blog looks to provide a brief overview of the Employment Tribunal Process.
ACAS Early Conciliation
The first stage of Employment Tribunal Litigation is to commence ACAS Early Conciliation. This is a free of charge service that all employees must go through if you want to lodge a claim at the Employment Tribunal.
The purpose of ACAS Early Conciliation is to try and achieve an early settlement between the parties. If settlement cannot be achieved, you are then able to lodge your claim at the Employment Tribunal.
For more information on ACAS Early Conciliation, please see our blog: https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about
Lodge your Claim Form and Grounds of Claim
Once you have completed ACAS Early Conciliation, you will be provided with a reference number that will allow you to submit an Employment Tribunal Claim Form (commonly known as an ET1).
You have one month, less one day, from the date you received your ACAS Early Conciliation Reference Certificate to lodge your ET1.
From this point on, you will be known as the Claimant.
Your Employer’s Response
Once you have submitted your ET1, it will be sent to your employer. They will then have 28 days to respond and submit their Response Form (commonly known as the ET3). From this point on, your employer will be known as the Respondent.
The Employment Tribunal will provide you with a copy of their ET3 once it has been processed.
From this point, the Employment Tribunal will set several Case Management Orders. These are steps that the parties must complete by certain dates.
Case Management Order: Schedule of Loss
The Claimant must provide the Employment Tribunal and Respondent with a Schedule of Loss. This document sets out what remedy (compensation) you are seeking from the Employment Tribunal.
Case Management Order: List of Documents
Both the Claimant and the Respondent must exchange a list of documents and copies that each party intend to rely on or refer to at the Final Hearing.
Case Management Order: Trial Bundle
Both the Claimant and the Respondent must agree the Trial Bundle. The Trial Bundle is a folder in which all the documentation both sides wish to rely on are compiled together and paginated. This bundle and the documents therein, shall then be used at the Final Hearing.
Case Management Order: Witness Statements.
Both he Claimant and the Respondent must prepared and exchange their witness statements. Witness statements are the method in which the parties introduce their evidence into the hearing and present it to the Tribunal Judge. Only evidence that is contained in the witness statement may be presented at the Final Hearing.
Final Hearing
The matter will be set for a Final Hearing. The length of the Final Hearing will depend on the complexity of the matter and the number of claims submitted.
It is at the Final Hearing where the Claimant and Respondent will give their witness evidence, and the Employment Tribunal Judge will give their Judgement (whether the claimant’s claims are successful or not).
Important Note
Please not that the above description is a brief and general overview of a typical Employment Tribunal process. However, each claim is different, and the Employment Tribunal may order additional Case Managements stages, such as a Preliminary Hearing.
Also, an Employment Tribunal Claim can be settled prior to the Final Hearing. The Claimant and Respondent are encouraged to try and settle the matter at any time during this process.
How Can Lincs Law Employment Solicitors Help You?
If you would like further help and advice in respect of employment claims or litigation at the Employment Tribunal, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information on the assistance we can provide, please visit our website at https://lincslaw.co.uk/services/employees/
Jasmine Stewart
Specialist Employment Solicitor
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