EMPLOYMENT TRIBUNAL COMPENSATION CLAIMS

Disputes at work

If you are involved in a dispute relating to work, with your employer or an ex-employer, in the event that settlement cannot be achieved on a voluntary basis, your case may become the subject of an application to the Employment Tribunal to determine the issues. To work out whether your case is eligible for a hearing at the Employment Tribunal, it is appropriate to consult (or request that your solicitor consults) the 'jurisdiction list' which can be obtained from your local tribunal office. This list details the nature of claims that may be heard by an Employment Tribunal.

Types of case

A tribunal may hear cases involving unfair dismissal, where an employers reasons for terminating employment (including redundancy) is not backed up by evidence, or constructive dismissal, where the employee has left due to breach of contract by the employer. It may hear cases involving disputes over wages, redundancy pay or an employers breach of the employment contract. If you think you have been bullied, harassed or otherwise discriminated against by an employer or colleague on the grounds of race, gender or disability, then you may be able to claim damages. The jurisdiction list does not usually cover cases involving personal injury however if injury is linked to a discrimination claim then it can be considered in an Employment Tribunal hearing. An Employment Tribunal will not hear cases involving restrictive covenants in employment contracts.

Time limits

A claimant is usually required to lodge an application in the Employment Tribunal for unfair dismissal or constructive dismissal not more than three months following dismissal. The same limitation period applies to all other applications to an Employmernt Tribunal including discrimination and harassment. If more than three months have passed, a potential claimant should take legal advice on whether their application may still be considered. [Under the Employment Act 2002 (Dispute Resolution) Regulations 2004, some time limits are automatically extended.]

Applications

To obtain a hearing in the Employment Tribunal you are required to apply to the office which handles claims from the area postcode where you worked. Upon submitting the application, the employer or ex-employer will have 28 days to respond after the tribunal has served them notice. The application is heard by a legally qualified chairman who presides over the proceedings and sits between two representatives being a nominee from an employers organisation and a trade union representative.

Compensation awards

Compensation awards vary according to the circumstances and in the case of unfair dismissal, damages are capped but currently exceed £60,000. This figure is likely to continue to rise due to annual reviews. In cases involving discrimination or harassment awards, are unlimited and are determined at the discretion of the chairman of the Employment Tribunal.

Employment Solicitors

Our panel lawyers deal with employment compensation claims usuing the no win no fee scheme which means that they dont get paid until you get paid. If you would like free legal advice with no futher obligation just call the helpine, email our offices or send the contact from. An experienced employment lawyer will speak to you on the telephone and will advise there and then on the viability of your potentail claim and will give an estimate of the likely award. Do yourself justice and give us a call.