UK EMPLOYMENT TRIBUNAL ADVICE

Disputes at work

If you are involved in a dispute at work, or involving employment, with your employer or ex-employer, and you seek to make a legal claim for compensation, then the case may be taken to an ‘employment tribunal’ which hears applications (also called ‘grounds of complaint’) from employees or ex-employees.

Is your claim eligible

To work out whether your case is eligible for a hearing at 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.

Types of case

What types of cases are covered on the list? A tribunal may hear cases involving dismissal – for example, unfair dismissal, where an employer’s reason for firing an employee or making them redundant 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 employer’s 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. One should note, however, that the jurisdiction list generally does not cover cases involving personal injury. If injury is linked to a discrimination claim then it can be handled in an employment tribunal, but if it is not, then it will not then the case should be pursued elsewhere. Finally, an employment tribunal will not hear cases involving restrictive covenants in employment contracts.

Time limits

How does one go about obtaining a hearing? A claimant is usually required to lodge a claim for unfair or constructive dismissal with an Employment Tribunal not more than three months following dismissal. Similarly, in a discrimination case, the three month rule also applies, and an application for such claims should be made not more than three months following the last act of discrimination – which may, indeed, be a dismissal. If more than three months have passed, a potential claimant should obtain advice on whether their application may still be submitted. Indeed, under the Employment Act 2002 (Dispute Resolution) Regulations 2004, some time limits are automatically extended.

Making an application

To obtain a hearing, one should apply to the Employment Tribunal which has appropriate jurisdiction given the nature of your claim, and you are required to apply to the tribunal which handles claims from the area postcode where you actually worked. On filing your claim, your employer or ex-employer will have 28 days to respond after the tribunal has served them notice.

The judges

The application is heard by only a few individuals. A legally qualified chairman presides over the proceedings and sits between two representatives – one is a nominee from the employer’s organisation; the other a trade union representative.

Compensation awards

What can you expect if you are successful? Compensation awards vary according to the circumstances, but in the case of unfair dismissal, the maximum damages that can be awarded have recently risen to £60,000, and this figure is likely to continue to rise, with reviews made annually. In cases involving discrimination the awards paid are not restricted to this maximum, and substantially more damages may be won.

If you believe you have a claim or if you are an employer facing a potential claim against you please ring us for a free initial consultation.