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How to Handle an Employment Tribunal

Posted on:
July 7, 2022
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Facing an employment tribunal can feel stressful and complex, especially for small and mid-sized businesses without a full HR team. Understanding what happens at an employment tribunal and how long it typically takes can make the process more manageable. At Vero HR, we provide expert-led employment law support tailored to your business, so you remain in control at all times, without the worry of handling everything alone.

What Happens at an Employment Tribunal?

An employment tribunal resolves disputes between employees and employers. Common claims include unfair dismissal, discrimination, wage disputes, or breaches of employment law. The tribunal process is structured to ensure fairness, and being prepared can improve outcomes.

Key Steps:

  • Submitting a Claim: Employees have a time limit of three months to submit a claim to the tribunal t. Early conciliation with Acas is mandatory before the claim proceeds.
  • Employer Response: You must respond within 28 days. Failing to respond can lead to a default judgement against your business.
  • Case Management: The tribunal may hold preliminary hearings to handle procedural issues, agree on timelines, and request documents.
  • Full Hearing: Both parties present their cases in person, by phone, or video. Witnesses may provide evidence. The tribunal considers all information before making a decision.
  • Judgment: Decisions are generally issued within four weeks of the hearing. Remedies can include compensation, reinstatement, or specific orders to address the dispute.

How Long Does an Employment Tribunal Take?

The duration can vary depending on complexity and scheduling, but a typical timeline looks like this:

  • Claim Submission: Immediately after early conciliation.
  • Employer Response: Within 28 days.
  • Case Management & Hearings: Often several months (average 26 weeks).
  • Decision: Usually within four weeks of the hearing.

Many disputes are resolved sooner through conciliation or settlement. Early preparation and expert HR support can help reduce delays and improve outcomes.

If an Employee Threatens to Make a Claim

It may be possible to discourage an employee from making an official claim in the first instance. There will usually be a lengthy period of time between a claim being submitted and the formal hearing, sometimes between four and ten months. This may put off an employee who is looking for a resolution and it might be an option to instead reach a solution without the need to go to an official hearing.

The employee may have already attempted to raise a formal grievance, in which case all necessary steps should be taken to resolve the issue at this point. If it is not possible to settle, the employee will need to go through early conciliation.

Early Conciliation

Before an individual can make a claim, they must receive an Early Conciliation Certificate from ACAS. This is a process offered for free by ACAS to help both parties resolve the dispute before it goes to tribunal. If both parties agree to being involved in this step, they will have six weeks to attempt to reach a resolution.

Employers should make every effort to cooperate with ACAS, as it can save a lot of money and time to resolve the issue at this point rather than going to a tribunal. Managers who will likely be the point of contact for ACAS should be properly trained to deal with the matters. Vero HR’s employment law services include management of the ACAS early conciliation process, so we can help you to settle disputes even before they go to a tribunal.

The individual making the claim is not obligated to give permission for ACAS to contact the employer. If this happens, ACAS will issue the Early Conciliation Certificate on the basis that early settlement is not possible, and the individual will be able to continue making a formal claim.

Receiving and Responding to a Claim

If the employer has gone through early conciliation, they will already know that an employment tribunal is possible. However, if the individual has not given consent for ACAS to contact the employer, the business will not know about it until the formal claim is made.

If this is the case, the employer will need to ensure that they are the correct respondent on the claim and that they have been correctly identified on the Early Conciliation Certificate. They will also need to check that the individual has a legitimate legal right to bring the claim and that they have sufficient service time.

The business will have 28 days from the date of the tribunal letter to give its response. The response will need to be submitted via the official ET3 form that can be found on the Employment Tribunals website. When preparing your response, you should speak to all the relevant internal parties to gather the necessary information. If any employees have left, you should consider whether they will be willing to participate in these proceedings.

Your ET3 response form should be kept concise but contain all the required details about the situation. Information should be given in chronological order where possible, and it does not have to be very long. You should also make sure to refer to any relevant documents. You do not have to set out legal provisions in this instance; you only need to state whether you reject some or all of the allegations that have been made against the business.

A copy of any correspondence made to the tribunal will be sent to the individual by the Employment Tribunal office. You should also save a copy of the ET3 form and any other correspondence to your computer and ensure there is a backup.

The Hearing

Each type of claim will be dealt with in a different way. Sometimes the tribunal will request a Preliminary Hearing, and in other cases, it will request that each party take certain steps by a particular date. In the case of a Preliminary Hearing, both parties will need to attend. Here, it will be agreed what steps need to be taken next to prepare for the hearing. It may be that further information is required before the case can proceed, or it may be that expert evidence, such as that from a medical professional, is required.

Most tribunal hearings will be heard by only a judge; in some circumstances, there will be a judge and a panel of a few members from different backgrounds, such as a trade union and someone with a background from an employer’s perspective. Witnesses will likely be cross-examined with questions based on the statement they have already given. There will sometimes be a time limit for how long a party can question a witness.

The hearing will usually be split into two parts – liability and remedy. The liability section will aim to determine whether the employee has won or lost the case. The remedy section will establish what the outcome is, such as how much compensation the employee is entitled to if they have won.

The Decision

Tribunals will usually not give the decision on the day of the hearing. Instead, it will be sent to both parties by post. They will not give reasons for their decision – if an employer would like to know the reasons, they can request them within 14 days of the date on the decision letter.

Whichever party has lost will have 14 days to ask the tribunal to review the verdict, and 42 days to submit an official appeal for the decision. They will only be able to request this appeal in certain circumstances, for example, if new evidence has been found that could support the case, or if it would have been impossible for that decision to have been reached based on the evidence available. There will be a cost associated with both requesting a review and submitting an appeal.

Practical Tips for Employers Facing a Tribunal

Facing an employment tribunal can feel overwhelming, but there are several steps you can take to manage the process effectively. Engaging in early conciliation through Acas is essential, as it offers the chance to resolve disputes without proceeding to a full tribunal, saving time, cost, and stress. Respond promptly to any tribunal communications, providing clear, factual responses along with all relevant documents and evidence to support your case. Organising employment contracts, emails, disciplinary records, and witness statements in an accessible format ensures your case is presented clearly.

Throughout the process, maintain professional, factual communication with employees, the tribunal, and any legal advisors, avoiding emotional reactions. Partnering with specialist support like Vero HR can make a real difference – we provide pragmatic advice, flexible and scalable support, and guidance on legal and HR matters, including access to Vero Legal for tribunal representation when needed. By combining thorough preparation, prompt action, and expert guidance, you can navigate a tribunal with confidence and protect your business interests.

How Vero HR Can Help

We act as an extension of your team, providing tailored HR solutions so you can focus on growing your business.

  • Employment Law Guidance: Expert support on compliance, dispute resolution, and tribunal preparation.
  • HR Services: Manage employee relations, contracts, and policies effectively.
  • Legal Support: Assistance with tribunal representation and navigating complex legal processes.

Our clients benefit from practical advice, staying in control at all times, with no long-term commitment. Book a free consultation with one of our HR experts to explore solutions tailored to your business today.