Pursuing an employment tribunal claim is daunting even at the best of times but our expert employment solicitors can support you throughout the process.
To show what to expect, our Employment team have come up with this handy guide to a standard employment tribunal proceeding.
1. At this first stage, we will take your initial instructions, review any documents and advise on the time limits (there are strict limitation dates for employment tribunal claims), the types and merits of the claim (chances of success) and any potential compensation. We review these throughout the process;
2. We will advise on ACAS early conciliation, and contact your ACAS conciliator if required, to explore the possibility of settlement with your employer before the claim goes to the tribunal;
3. We will assist in preparing and submitting the claim form to the employment tribunal;
4. We then review and advise on the response that your employer submits to the employment tribunal in its defence;
5. We will prepare a Schedule of Loss to set out the compensation that you are able to claim. This may need to be updated prior to the hearing;
6. If a preliminary hearing is necessary, we will help prepare for this and can represent you. We will also deal with any case management orders (like agreeing a trial bundle and exchanging statements) made by the employment tribunal;
7. We will consider and advise on the possible settlement of your claim and we can help to negotiate (this is ongoing throughout the process);
8. We collate any relevant documents you have, index these for the employer and provide them with any documents they request. Your employer will do the same for us to consider and request any documents they have. We then advise on the impact on the prospects and value of the claim;
9. We agree on a bundle of documents with the employer which are necessary for the tribunal to consider at the hearing;
10. We will work with you to draft your witness statement and those of any other witnesses;
11. We exchange witness statements with the employer. We will review and advise on the statements they provide and the impact on prospects and value of the claim;
12. We may also need to agree with the employer a list of issues, a chronology and a cast list for use at the hearing;
13. If required, we will represent you at the final hearing or assist in appointing an appropriate barrister;
14. Once we receive the employment tribunal’s judgment we will advise on the implications.
Should the claim be successful, the employment tribunal will decide on remedy, such as how much compensation is due.
Please note that this is a guide only, and some stages may not be required or there may be other ones needed.
You can contact a member of our employment team at any stage throughout your claim to instruct us to help. If you would like to know more about any of the information mentioned in the article, then contact Kerry Curd, a Partner in the Dispute Resolution and Employment Department, by telephone on 01626 202406 or by email at firstname.lastname@example.org.