EMPLOYMENT LAW

Employment Tribunal

So you have found yourself dismissed from your employment or your contract of employment has been terminated? Have you found yourself subject to a constructive dismissal? Whatever your employment law query around employment tribunals we have tried to cover off all of your questions here! What is an employment tribunal? What powers does an employment tribunal have? Making a claim at an employment tribunal? That, and lots more! But if you still have any queries, do contact one of our specialist employment solicitors today! You can email us at info@qlaw.co.uk or call us on 03300 020 365!

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Employment FAQs

An employment tribunal is the type of court that deals with employment claims, including claims for unfair dismissal, constructive unfair dismissal, discrimination, unlawful deduction of wages, holiday pay claims, and so on.

The employment tribunal deals with employment claims, including claims for unfair dismissal, constructive unfair dismissal, discrimination, unlawful deduction of wages, holiday pay claims, and so on.

The grounds for an employment tribunal claim will depend on the type of claim you want to bring. For instance, if your employer dismissed you without a fair reason and/or without following a fair procedure, you may have a claim for unfair dismissal. If your employer dismissed you or treated you unfairly because of a protected characteristic such as your age, sex, sexual orientation, disability, race, religion or belief, then you may have a claim for discrimination.

This depends on the type of claim you are bringing. In unfair dismissal claims, if the tribunal finds that the employee has been unfairly dismissed, the tribunal can award a basic award which is calculated on a formula (the same as statutory redundancy pay – see our calculator), plus a compensatory award of up to one year’s pay, or the relevant capped amount (see our Employment Facts & Figures). In a discrimination claim, the employment tribunal can award unlimited compensation, including an award for injury to feelings, which reflects the impact the discriminatory treatment has had on the claimant. The tribunal can also make declarations about the employer’s conduct.

This is a tricky question. For both employers and employees it is often worth *giving the impression* that you are prepared to go to an employment tribunal. It can also be worth going to an employment tribunal if you are very confident about the strength of your position. However, it can be difficult to predict how an employment tribunal will decide a particular case – it often depends on how the witnesses come across. We always analyse your claim or defence (whichever party we are acting for) and will advise on your chances of success – whatever that means in your case. Part of the process is to advise on the potential award and on an appropriate settlement figure, as well as legal costs, so you can make an informed decision on your options.

Please see our employment tribunal costs information.

t is impossible to generalise about the chances of winning an employment tribunal claim, or successfully defending an employment tribunal claim, because it will always depend on the individual circumstances of your situation. It can be difficult to predict how an employment tribunal will decide a particular case – it often depends on how the witnesses come across. We always analyse your claim or defence (whichever party we are acting for) and will advise on your chances of success – whatever that means in your case. Part of the process is to advise on the potential award and on an appropriate settlement figure, as well as legal costs, so you can make an informed decision on your options.

Yes – some hearings are dealt with by an employment judge sitting alone, such as preliminary hearings and the more straightforward claims. More complex hearings are dealt with by an employment judge sitting with two lay (non-legally qualified) panel members, who come from business or trade union backgrounds.

This changed recently – employment judges are now addressed as “Judge”, with the non-legal members of tribunal panels addressed as “Sir” or “Madam”.

Some hearings are dealt with by an employment judge sitting alone, such as preliminary hearings and the more straightforward claims. More complex hearings are dealt with by an employment judge sitting with two lay (non-legally qualified) panel members, who come from business or trade union backgrounds.

The time it takes from submitting a claim to the final merits hearing will depend on which employment tribunal the claim is being brought in – some are suffering longer delays than others. It will also depend on the type of claim and how complicated it is, as well as how many witnesses are giving evidence for each party.

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Please see our employment tribunal costs information.

No – employment tribunal fees were charged for a while, but they were stopped in 2017. Employment tribunal fees are completely separate to legal fees or costs, as to which please see our employment tribunal costs information.

Please see our employment tribunal costs information.

Unlike the ordinary courts (High Court/County Court) it is very unusual for costs to be awarded in the employment tribunals. You can generally only recover costs where the paying party has been vexatious, unreasonable, abusive of process or misconceived in bringing or defending the claim. It is possible for costs to be awarded against the party or against their representative (though the latter is even rarer). Basically, you need to assume that you will be meeting your own costs of bringing or defending an employment tribunal claim. Insurance cover may be available to you to cover your legal expenses. Legal expenses insurance is sometimes included in other policies like home contents insurance, or you can purchase “after the event” insurance. Insurance will sometimes cover legal fees and any award and/or costs awarded against you.

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