If you have been dismissed from your job, discriminated against or otherwise treated unfairly during your employment, you may wish to make a claim against your former employer in the Employment Tribunal.
An Employment Tribunal is the legal forum where most types of employment disputes are heard. A Judge, either on their own or sitting with others as a panel of three, will read all of the relevant, documentary evidence and hear the evidence from every relevant witness before making a decision on your case.
There are several stages to a claim, which typically include issuing the claim, preparing a document which sets out the amount of compensation that you are seeking, disclosing all of your relevant documentary evidence, preparing and exchanging written statements from you and your witnesses and arguing your case at your hearing.
There are strict time limits within which you must start your claim and a requirement to go through ACAS Early Conciliation before doing so. It is therefore important to seek advice at the earliest possible stage. Contact our employment law specialists
After we have assessed your claim, we will allocate the most appropriate lawyer for your circumstances. Our lawyers will to discuss the options with you, consider your evidence and advise you on the likely outcome of your dispute.
Employment Tribunal claims can be lengthy and costly, so the first consideration is how to fund your claim. You may have the benefit of alternative funding through your legal expenses insurance provider or trade union. If you don’t, we’ll be able to provide you with clear and upfront cost estimates and ensure that you remain in control of your costs at every stage.
From the beginning our solicitors will talk you through the relevant time scales. They will always try to achieve a positive resolution quickly so that your time, cost and stress is as minimal as possible.
Our team of specialist employment lawyers are experts in representing people throughout each stage of an Employment Tribunal claim. We have achieved many successful awards and settlements in every kind of employment dispute and pride ourselves in achieving positive outcomes in even the most challenging cases.
Employment Tribunal claims can be complex and intimidating without the right support. We understand the process and how stressful it can be to have to enforce your legal rights. Our focus is therefore to ensure that you are advised clearly and properly to enable you to feel in control and supported to make the right decision at every stage of the process.
We are independently recognised as leaders in our field who will provide you with specialist advice and representation and you can rely on us to fight your corner and ensure that you are in the best possible position to achieve the outcome you want.
If you have been unfairly dismissed, an Employment Tribunal may consider ordering your former employer to reinstate you into your previous role, or re-engage you into an alternative role. However, this is rare and it is more likely that you will be awarded compensation, to reflect the financial loss that you have suffered.
If your claim includes discrimination, you may also recover additional compensation to reflect the way in which the discriminatory actions made you feel.
The majority of Employment Tribunal claims settle through the parties reaching an agreement. This usually includes your former employer paying you compensation, in order to avoid the final hearing. There are many reasons why settlement is often the best option, not least because of the cost savings to you in achieving an early resolution. Speak to us now.
We represented a mother who was dismissed for making an application for flexible working. We issued claims on her behalf for: unfair dismissal, sex discrimination and the unlawful refusal of a flexible working request. Taking a strong and robust approach to the litigation, we helped our client to achieve a highly satisfactory outcome.
We assisted a vulnerable client with severe disabilities in a highly complex case. Our successful representation enabled him to tell the Employment Tribunal of the injustices that he had suffered because of the discriminatory actions of his employer, which had life-changing consequences. He was able to get a positive outcome.
The cost to instruct us varies depending upon the length and complexity of your case. Detailed estimates can be found here. There are no fees payable to the Employment Tribunal and usually, even if you lose, you won’t be required to pay the other party’s legal costs.
In the vast majority of cases, the answer is no. The default position is that both parties are responsible for their own legal costs. Costs are only awarded against the other party in rare circumstances, for example when the party has acted in a malicious, vexatious or otherwise extremely unreasonable way.
It varies depending upon the type of claim and complexity but typically, a claim can take anywhere between 6 months and 18 months to conclude from the date the claim is commenced.
In most cases, you have three months less one day to start legal action. This might be from the termination of your employment, or the discriminatory act, depending upon the type of claim you are pursuing.
Before you can issue your claim, you must go through ACAS Early Conciliation and there are then different, strict time limits for presenting your claim to the Employment Tribunal.
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