Bath Solicitors

What is an Employment Tribunal ?

The Employment Tribunal is the informal “court” used to settle employment disputes between employer and employee. Employment tribunal are commonly known as “Tribunals”. The Tribunal is normally made up of a three person panel. Among them sits a qualified Employment Judge and two non-legal persons who are knowledgeable in employment matters and can affirm the point of view of the employers and employees.  The judgments reached are based on the law and any arguments passed their way.

The Employment Tribunals are independent, judicial bodies who manage and resolve disputes between employers and employees in relation to rights of employment which have not been resolved in other ways.  A dispute between your trade union or a professional body can also be handled by the Tribunal.

The Tribunals are not as formal in their approach as court proceedings, however any decision made by the Tribunal is legally binding.  You will also be expected to give evidence while under oath, so if you are found to be lying you will be liable for committing an act of perjury.

It does not cost anything to bring a claim to an Employment Tribunal. You can potentially be ordered by the Tribunal to pay costs however.

What should I do before making a claim ?

It is often better to speak to your employer before making a claim. You may be able to sort out a misunderstanding or reach an agreement through this method.

If this does not work you could try to go through your employer’s grievance or disciplinary channel or try contacting a third party mediator.

The Acas Code of Practice describes how to go about dealing with grievances between your employer at work.

What Claims Can The Employment Tribunals hear ?

Before bringing your claim to an employment tribunal you should be sure you know exactly what the legal action to your claim is called. For example, complaining about not being paid is known as “unlawful deductions from wages”.

There are many different types of complaints the tribunals deal with. These include discrimination on the grounds of race, sex, religion, or breach of contract, unfair dismissal or not being consulted in a redundancy situation.

There are many others. For a full list you can contact the Advisory, Conciliation and Arbitration Service.  They offer free, confidential advice.

What are the time limits for making an employment claim ?

In the majority of cases, the application deadline is three months of the date that either:

• your employment ended
• the matter you are complaining about happened.

What if I do not receive the award granted?

You can ask your local county court to enforce payment when written judgment is received.