EMPLOYMENT TRIBUNAL CLAIMS

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, then the case may be taken to the Employment Tribunal which hears applications for compensation or for re-instatement from employees or ex-employees. To work out whether your case is eligible for a hearing at the tribunal without taking advice from a solicitor, it is appropriate to consult the ‘jurisdiction list’ which can be obtained from your local Employment Tribunal office. This list details the nature of claims that may be heard.

What types of cases are covered on the list? An Employment 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. Finally, it may handle disputes arising for alleged harassment, victimisation or bullying at work. If you think you have been bullied 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 the personal injury case should be pursued elsewhere. An Employment Tribunal will not hear cases involving restrictive covenants in employment contracts.

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. Under the Employment Act 2002 (Dispute Resolution) Regulations 2004, some time limits are automatically extended.

To obtain a hearing you are required to apply to the tribunal which handles claims from your area postcode. On filing your claim, your employer or ex-employer will have 28 days to respond after the tribunal has served them notice. 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.

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 is capped with reviews made annually. In cases involving discrimination on the grounds of gender, race, or disability, the awards paid are not restricted to any maximum, and substantially more damages may be won.

We deal with claims on behalf of employees relating to employment matters. We do not act for employers. Our solicitors are experts in their field and where possible they negotiate settlement failing which they will make application to an Employment Tribunal to resolve any dispute. Our solicitors operate the no win no fee scheme and make no charge whatsoever if the claim is lost. If compensation is recovered on your behalf then costs are charged based on a percentage of the total sum recovered. If you would like to discuss your potential claim with a specialist lawyer with no charge and with no obligation just use the free phone line or complete and send the contact form.