Employment Tribunal

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When considering bringing an Employment Tribunal it is important to take the correct procedural steps.  Time limits for bringing a claim can be strictly enforced so it is important for a potential claimant to consider seeking advice at an early stage to ensure compliance with limitation.  Failure to complete the claim form or response properly can lead to sanctions for non-compliance such as striking out the claim or restricting a party’s participation in proceeds.

The potential claimant needs to consider the date from when time begins to run.  This is different in a variety of contexts, for example, for a case of unfair dismissal it runs from the effective date of termination whilst a case of failure to make reasonable adjustments runs from the date that an employer would reasonably be expected to make the adjustment by.

A potential claimant then has to go through the ACAS early conciliation process.  Whilst in this process time does not continue to run for the purposes of limitation.  If there is no effective settlement then the potential claimant will be issued with an ACAS certificate.

Following receipt of the ACAS certificate it is important to properly calculate the date by which the ET1 document should be filed.  The ET1 is a claim form for the tribunal which is found online.  Whilst you can complete the form and include your details of claim on the form it is often better to draft particulars of claim separately.  If the claimant fails to include elements of the claim on the ET1 the tribunal will often refuse to hear those elements of the claim.  It is helpful to take legal advice at this early stage.

The respondent to the claim will receive a response pack.  They will be given a window by the employment tribunal to file an ET3 form and response to the claim.  In due course the matter will be set down for a Preliminary Hearing to arrange for case management. 

If you are considering bringing a claim to the employment tribunal or have to defend an upcoming claim early legal advice can help.

 

Call us free on 0330 0539147 or email enquiries@taylorlaw.co.uk and we will be happy to help.

Contact us via our website to find out more about how we can help with employment law and keep up to date with what we do via our Facebook or LinkedIn page.

“Thank you for all your help and advice, it really made a difference. Feedback, help and guidance. Thank you to all the team – first class”.

 

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