Employment Law in Practice
So the employee has made a claim in the employment tribunal and you need advice to decide what to do next and whether to appoint employment solicitors.
What are the next steps and what can you expect?
Whilst employment solicitors will be very familiar with the process of a tribunal claim, most employers are not and you should be aware of the steps that form the route to an Employment Tribunal hearing.
The employee, known as the applicant/claimant, sends in the claim with details of the complaint to the relevant Employment Tribunal.
The employer, known as the respondent, responds within 28 days of the employment tribunal issuing the claim setting out their defence.
Both forms are sent to ACAS (Advisory Conciliation and Arbitration Service) who may attempt to settle and resolve the dispute.
The Employment Tribunal will usually make an order after a few weeks as to whether the whole or part of the claim is valid and also some orders setting out the management of the case. These will include orders as to disclosure (that the parties have to reveal all relevant documents) and a few weeks later there is usually an exchange of witness statements, in which each sides states what their witnesses will say before the Tribunal at the hearing.
Trial bundles are usually prepared and then the parties attend the employment tribunal hearing. The whole process to the hearing takes between approximately six months to a year.
The hearing is informal without the usual legal ceremony and the case is heard by a panel of tribunal members. The system is adversarial, with witnesses giving evidence and being cross examined. It is not likely that costs will be awarded.
We suggest that you should read our note on how to use an employment solicitor.