Employment Coaching & Advice
Bringing an Employment Claim: A Practical Guide
This guide outlines the procedure for bringing a claim in an employment tribunal, providing essential information to help claimants achieve the best possible outcome.
A concise overview of the key steps in bringing an employment tribunal claim.
1. Getting Started: Initial Steps
Before proceeding, gather all relevant information and documents.
Identify Your Claim: What specific employment law issue are you facing (e.g., unfair dismissal, discrimination)?
Check Eligibility & Deadlines: Ensure you meet the criteria (e.g., employment status, length of service) and are aware of the strict three-month time limits for most claims. Acas Early Conciliation can extend this.
Assess Your Case: Evaluate the strength of your claim based on available evidence and witness support. Consider the potential costs versus benefits.
Define Your Outcome: What do you hope to achieve? (e.g., financial compensation, reinstatement, apology).
Funding: Discuss funding options with a legal adviser (e.g., damages-based agreements, legal expenses insurance).
2. Acas Early Conciliation (EC)
Most claims require you to complete Acas Early Conciliation before submitting your claim to the tribunal.
Mandatory Step: Contact Acas to initiate conciliation. An officer will attempt to facilitate a settlement between you and your employer.
EC Certificate: If no settlement is reached, Acas will issue a certificate, which is required for your ET1 form.
3. Presenting Your Claim (ET1)
Use the standard ET1 form to formally present your claim to the employment tribunal.
Drafting: Clearly and concisely detail your claim. This is the tribunal's first impression.
Submission: Submit the ET1 form online, by post, or by hand. Ensure you include your Acas EC certificate number.
Acceptance/Rejection: The tribunal will check your form for completeness and jurisdiction. If rejected, you will be informed of the reasons and reconsideration process.
4. Responding to the Employer's Defence (ET3)
Your employer will have 28 days to submit their defence (ET3) after receiving your claim.
Review: Carefully read the ET3 to understand their defence and identify disputed points.
Evidence: Begin gathering witness and documentary evidence to support your case and counter the employer's points.
5. Tribunal Process & Preparation
The tribunal will issue case management orders to prepare the case for hearing.
Case Management Orders: Follow directions for exchanging documents (disclosure) and witness statements.
Witness Statements: Prepare detailed written statements from yourself and any other witnesses.
Schedule of Loss: Draft a document outlining the financial compensation you are seeking.
Mitigation: Keep records of all steps taken to mitigate your loss (e.g., job applications).
Preliminary Hearings: Attend any interim hearings to discuss case management or specific issues.
6. Settlement Discussions
Many claims settle before reaching a final hearing.
Negotiation: Settlements can be negotiated directly, through Acas, or via mediation.
Settlement Agreement/COT3: If terms are agreed, they will be recorded in a formal document.
7. The Final Hearing
If your claim proceeds, it will be heard at a final hearing.
Preparation: Ensure all documents are in order, witness statements are updated, and you are ready to present your case.
Attendance: Arrive prepared, notes taken, and ready for witness evidence and cross-examination.
Presenting evidence: This is called examination in chief:
Cross examination of witnesses: Asking questions and getting answers.
Closing arguments: Present how the law says this case should go.
8. Judgment, Remedy & Beyond
Judgment: The tribunal will issue a decision, either orally or in writing.
Remedy: If successful, the tribunal will determine the compensation or other remedies.
Costs: Costs are rarely awarded in employment tribunals, but you may apply for witness expenses.
Reconsideration/Appeal: If you disagree with the judgment, you can apply for reconsideration or appeal to the Employment Appeal Tribunal (EAT).
Enforcement: If an award is unpaid, you may need to take enforcement proceedings.
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