Employment tribunal claims demystified: From filing to withdrawal – a comprehensive guide
Navigating employment tribunal claims can be complex for both employees and employers. Understanding your rights, the procedures involved, and the potential outcomes is crucial for anyone considering a claim. Whether you’re an employee seeking justice or an employer preparing to defend your position, this guide aims to provide clear, practical insights to help you navigate the tribunal landscape with confidence.
What is an employment tribunal claim?
In general, an employment tribunal claim is one brought against an employer by an employee. Claims can vary, but tend to relate to unfair dismissals, discrimination, wrongful pay and equal pay.
In the broadest sense, a tribunal claim is a way for employees to resolve a problem with their employer that cannot otherwise be resolved.
Types of claims
Employment tribunals are for disputes and grievances an employee brings to their employer. There are a number of common types of claims that are seen in employment tribunals, such as:
- Disputes around equal pay
- Unfair dismissal, which can include if you are forced to resign, or if you have been made unfairly redundant
- Discrimination because of your race, sexuality, gender, age, disability, marriage, pregnancy, maternity or religious belief and others
Making an employment tribunal claim
There tend to be strict timelines and deadlines when it comes to bringing an employment tribunal claim. Typically this is three months from the termination of your employment in the case of unfair dismissal or three months from the date of the incident you are making a claim for.
Within this timeframe you must submit an ET1 claim form, and notify Acas about the dispute to see if it can first be resolved, before they allow you to submit your form.
The tribunal process
Following submission of the claim, the respondent can reply and submit their account of the events to the tribunal. Then, both parties will supply relevant information, details and documents to each other along with witness statements and then the case will go to a tribunal where both parties will attend, with representatives.
How to withdraw an employment tribunal claim
If the parties decide to withdraw the claim, the Office of Tribunals must be informed before the case commences, and this must be done in writing. If it is not, the case may still go ahead in your absence.
How long does a tribunal claim take?
Typically, you have three months to make a claim, and the respondent should reply within 28 days. From there, however, the process can be lengthy. According to the Ministry of Justice data released in 2022, the average wait time from start to finish is 335 days.
Practical tips and best practices
Each action, whether started by the employer or the employee, triggers a response.
Performance-based
Where the employer instigates actions, such as those aimed at performance, conduct or absence issues, they should consider how the message is delivered, and be very careful over the language used – reducing the risk of the employee responding negatively simply due to poor communication of a valid point is vital.
Following protocol
Consideration should be given to the steps and processes that need to be followed, as well as the worst-case scenarios and what the employee may respond with. It is not uncommon for allegations to be made by the employee that are seemingly unrelated to the issue at hand. For example, where a flexible working request has been refused, the employee may raise a grievance regarding a culture of bullying by their manager. It is advisable to investigate this fully to reduce the risk of further escalation, rather than just dismiss it as irrelevant to the case in hand or as a side issue.
Grievances between peers
Grievances can be very difficult to investigate, particularly when the grievance relates to a peer as opposed to a manager. When two or more colleagues have experienced a disagreement, the company runs the risk of one of them feeling let down by the process and there is always the potential of a constructive dismissal claim being raised.
Within reason
Whatever the situation, and whether initiating an action or responding to it, companies should consider how reasonable they are and whether the employee is being reasonable too. A good rule of thumb is for the employer to put themselves in the employee’s position. Even when it is firmly believed that the employee has not been completely truthful or has behaved inappropriately, companies should maintain the highest standards of integrity.
Employers cannot completely eradicate employment tribunal claims but they can reduce the likelihood of getting one. Every letter that is written is not really written for the employee; it is written for their solicitor.
The employment tribunals system is incredibly busy. Where claimants (the employees) call for multiple witnesses or place the school and several of the leadership team as the respondents, cases can run for several weeks. In this event, cases lodged now may not be heard for up to two years.
How we can help
Make sure to speak to an expert. Ask questions about the associated risks and the options available when dealing with employee issues. Do not be afraid to challenge the advice and be honest with your HR or legal adviser. Discover how Moore Kingston Smith can help with your tribunal concerns and contact us today.
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