If you believe you are the victim of unfair dismissal (constructive or otherwise), or have any other employment law issue, you can make an application to an employment tribunal using an originating application (i.e. form ET1). This can be submitted as soon as your employer has dismissed you and in some cases prior to dismissal.
In the ET1 you will need to detail the grounds of your complaint. In most instances it must be received by the Tribunal within three months of the date of termination of employment or three months from the date of the event complained of.
If the application is received later than the three month deadline an employment tribunal will consider the complaint only if they believe it was not reasonably practicable for the employee to submit the claim within the time limit. This is an extremely difficult test for an employee to satisfy.
However, in regards complaints of unlawful discrimination the Tribunal has discretion to extend the three month deadline if it considers, in all the circumstances of the case that it is just and equitable to do so. The Tribunals approach to such time limits is more lenient.
Nonetheless, it is imperative that the Tribunal time limits are observed.
It should also be noted the Statutory Dispute Resolution procedures can extend the time limits and certain claims can not be brought to the Tribunal until a grievance has been submitted to the employer. Such claims include:
• Unlawful deduction from wages
• Constructive dismissal
• Redundancy payment
• Unlawful discrimination other than dismissal
• Equal pay
• Holiday pay
This is an extremely complex area of law and we strongly advise that advice is sought before a claim is commenced.
Your employer will receive a copy of the application and a form called a Notice of Appearance (form ET3) along with a copy of a booklet explaining employment tribunal procedures. The employer must complete the form ET3, stating whether they wish to contest the case, and if so, detail their grounds.
You may each request further particulars of the other's case. It is very important that both the Employer and Employee fill in these forms accurately and with full details of the basis of their position.
You can seek assistance from the Advisory, Conciliation and Arbitration Service ( ACAS ) to try and settle any dispute outside of the employment tribunal hearing. However, it is important to note that conciliators can not give advice as to your claim.
A tribunal normally consists of a chairman who is at least seven years legally qualified and two lay members - one from an employer based background (usually HR/Personnel Manager) and the other from a trade union background.
Prior to a full hearing of your case there may be hearings to determine some matters. These can take the form of a Case Management Conference whereby the issues of the case are confirmed and Orders/Directions are issued which set out how the case should proceed (such as the dates to disclose documents and exchange witness statements). If Orders are given by the Tribunal it is vital to comply with them as failure to do so could result in your case being struck out.
There may also be a Preliminary Hearing. These usually take place to determine whether or not the Tribunal has jurisdiction to hear part or all of the claim. Such hearings can be vital as if you lose your case may not be able to continue.
If you have not settled the complaint a full hearing may take place. You must attend the tribunal - A tribunal may dismiss your application if you fail to attend without reasonable explanation. Alternatively the case may be heard in your absence thus you will not be able to state your case and give your oral evidence.
You may put forward your own case however many people now choose to appoint a representative who may be a specialist employment law solicitor, trade union official, or representative of an employers' organisation.
If you attend the hearing you will be given the opportunity to forward your case. The tribunal panel and the other side may ask questions. Tribunal hearings are generally completed in one day, although some cases, particularly discrimination cases may take a lot longer.
Employment tribunals generally announce their decision and the reasons on the day. If the decision is given to the parties on the day written reasons will only be supplied if requested at the hearing or in writing within 14 days of the decision. The Tribunal aims to supply the reasons within six weeks of the request.
You can ask for a review of the decision of the employment tribunal and also to appeal against the tribunal's decision. If you wish to appeal against a tribunal's decision it is advisable to contact an employment law specialist such as Clough & Willis.
For a free initial consultation please contact Andrew Moore, andrew.moore@clough-willis.co.uk or Tim Gray, timothy.gray@clough-willis.co.uk.
