Employment Tribunal

Employment Tribunals

When navigating the complexities of workplace disputes, individuals often seek the expertise of employment solicitors and employment lawyers to ensure their rights are protected. A significant aspect of this legal landscape involves the Employment Tribunal system in the UK, alongside various funding options, most notably "no win no fee" arrangements. You will be looking into each of the following options.

1.      No win no fee employment solicitors.

2.      Employment tribunal.

3.      Employment lawyer no win no fee.

4.      Employment lawyers.

5.      Employment solicitors.

Employment Solicitors and Employment Lawyers: Your Legal Partners

Employment solicitors and employment lawyers are legal professionals specialising in the resolution of disputes between workers and employers. They provide crucial guidance and representation for a wide array of claims, including unfair dismissal, wrongful dismissal, redundancy payments, discrimination claims, equal pay claims, and protection of wages claims. These legal experts are essential for navigating complex legal procedures and ensuring claims are presented correctly and within strict time limits. They can also facilitate alternative dispute resolution methods, such as settlement agreements, which can resolve disputes outside of a full tribunal hearing .

Understanding Employment Tribunals

The Employment Tribunal serves as the primary judicial forum in the UK for adjudicating disputes between workers and employers. Key aspects of Employment Tribunals include:

Jurisdiction and Scope

Employment Tribunals have the statutory authority to hear claims arising from most aspects of the employment relationship. This includes a wide range of disputes. Have a look at our free employment claim templates: 

1.      Unfair dismissal.

2.      Wrongful dismissal.

3.      Redundancy payments.

4.      Discrimination claims based on protected characteristics.

5.      Equal pay claims.

6.      Protection of wages claims.

7.      Whistleblowing claims.

They hear claims from both employees (those under a contract of service or apprenticeship) and a wider category of workers (individuals who personally undertake work or services, such as freelancers). Those carrying out business activity on their own account are excluded.

There are two distinct territorial jurisdictions: England and Wales, and Scotland.

Procedural Rules and Modernisation

The procedural rules for Employment Tribunals are primarily governed by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, which have been amended multiple times, including by the 2020, 2021, and 2024 Amendment Regulations.

Modernisation efforts, such as the MyHMCTS portal for represented parties and CitizenUI portal for litigants-in-person, allow for online submission of claims and digital case management. New Rules, the Employment Tribunal Procedure Rules 2024, are anticipated to take effect from 6 January 2025.

Early Conciliation (EC)

Before presenting a claim to an Employment Tribunal, it is generally mandatory to provide information about the dispute to Acas for early conciliation. This process pauses the time limit for bringing a claim. If conciliation is unsuccessful, a certificate is issued, which is needed to lodge a claim.

Time Limits

Employment Tribunal claims are subject to strict time limits. For example, most claims, including unfair dismissal and discrimination, must generally be brought within three months (less a day) of the act complained of or the effective date of termination. For statutory redundancy pay or equal pay, it's six months minus one day. There are "escape clauses" that allow for extensions if it was "not reasonably practicable" to present the claim in time, or if it is "just and equitable" to grant an extension. A recent proposal (October 2024) suggests extending the limitation period for bringing an Employment Tribunal claim from three months to six months.

Tribunal Fees

Employment Tribunal fees for claimants were abolished in July 2017 following a successful judicial review by Unison against the Lord Chancellor. It is currently "highly unlikely" that such fees will be reintroduced by the new government.

Public Register of Judgments

Since late 2016, all Employment Tribunal judgments (including preliminary hearing decisions and written reasons) are published online, with limited exceptions for national security or to protect ECHR rights.

Appeals

Appeals from an Employment Tribunal on questions of law are heard by the Employment Appeal Tribunal (EAT). Further appeals can go to the Court of Appeal and then to the Supreme Court.

Composition of Tribunal

An Employment Judge can hear unfair dismissal cases sitting alone. The Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2024 allow the Lord Chancellor to delegate the power to determine the composition of tribunals to the Senior President of the Tribunals.

Key Employment Law Claims

Employment lawyers commonly assist with several types of claims:

Wrongful Dismissal

This is a common law contractual claim for breach of contract, often brought when an employer dismisses an individual without providing the correct notice period or in breach of another contractual term.

It can be pursued in the civil courts (with no upper limit on damages and a six-year limitation period) or in the Employment Tribunal (with a maximum award of £25,000 and a three-month limitation period).

Remedies typically involve damages for lost net wages and other contractual benefits (e.g., commission, pension, holiday pay) that would have been received during the proper notice period.

Unfair Dismissal

This is a statutory claim under the Employment Rights Act 1996. To bring a claim, a person must generally be an employee (not a worker or self-employed), have been dismissed (actually or constructively), and have the requisite two years' continuous employment. However, certain dismissals are automatically unfair and do not require a qualifying period of service (e.g., for whistleblowing or health and safety reasons).

The employer must show a fair reason for dismissal (e.g., conduct, capability, redundancy, illegality, or some other substantial reason) and must have acted reasonably in dismissing the employee for that reason. 

Remedies include reinstatement (getting the old job back), re-engagement (getting a comparable job with the same employer), or compensation (a basic award and a compensatory award). The maximum compensatory award for unfair dismissal was raised to £115,115 (or a year’s gross pay, whichever is lower) from 6 April 2024. Make a claim.

Discrimination Claims

Under the Equality Act 2010, it is unlawful for an employer to discriminate against a person based on protected characteristics (e.g., age, disability, sex, race, religion or belief, sexual orientation, pregnancy or maternity, marriage or civil partnership).

Remedies can include compensation for pecuniary loss (e.g., lost earnings) and injury to feelings. Unlike unfair dismissal compensation, there is no statutory cap on compensation for discrimination claims. The highest maximum award in 2023/24 was for sex discrimination, at £995,000. Make a claim. 

Whistleblowing Claims

Employees are protected if they make a "protected disclosure" about certain types of wrongdoing. If an employee is dismissed or subjected to a detriment because of a protected disclosure, this can lead to a claim for automatic unfair dismissal or detriment. There is no cap on compensation for automatically unfair dismissal on health and safety or whistleblowing grounds. Make a claim.

Funding Your Claim - "No Win No Fee" Arrangements

For many individuals, the prospect of legal costs can be a significant barrier to pursuing a claim. This is where "no win no fee" arrangements, formally known as Damages-Based Agreements (DBAs) or Conditional Fee Agreements (CFAs), can be invaluable.

Damages-Based Agreements (DBAs)

Under a DBA, your employment solicitor agrees to take an agreed percentage of any damages you receive if your claim is successful. The maximum percentage that can be charged is 35% of the damages received, excluding disbursements. If you do not win your case, you generally do not pay your solicitor's fees .

Conditional Fee Agreements (CFAs)

With a CFA, your solicitor's fees (and a "success fee" if you win) are contingent on the success of your case. These "no win no fee" options are crucial funding mechanisms, especially given that legal aid is only available for a limited range of Equality Act 2010 complaints and is subject to complex financial conditions [Previous response, 261]. This allows individuals to access justice and hold employers accountable without needing to pay upfront legal costs, making employment lawyers no win no fee a highly sought-after arrangement for claimants.

Settlements and Avoiding Tribunals

Many employment disputes are resolved without the need for a full Employment Tribunal hearing, often through settlement agreements.

Acas Conciliation

Acas offers a pre-claim conciliation scheme aimed at resolving disputes before they reach a tribunal. If a settlement is reached via Acas, the terms are often recorded on a COT3 Form.

Independent Legal Advice

It is a legal requirement that an employee receives independent legal advice on the terms and effect of a settlement agreement for it to be legally binding and for the employee to waive their statutory rights. Employers often contribute to the cost of this advice only when reaching settlement.

Judicial Mediation and Assessment

Employment Judges can suggest parties engage in judicial assessment or mediation, which are alternative dispute resolution methods within the tribunal process, aiming for confidential and evaluative resolution without a full hearing.

Conclusion

In conclusion, for individuals facing employment disputes, employment solicitors and employment lawyers offer comprehensive support, from navigating the intricacies of the Employment Tribunal system and various claim types to facilitating out-of-court settlements. The availability of "no win no fee" arrangements significantly enhances access to justice, enabling claimants to pursue their rights without prohibitive upfront costs. Alternatively,  you can find an affordable service and keep your damages for wrong committed against you. We can help.