Employment Law in Practice
So you and your employment solicitor have decided that there is a valid claim.
What are the next steps and what can you expect?
The employee, known as the applicant/claimant, sends in the claim with details of the complaint to the relevant Employment Tribunal. Your employment solicitor will notify the Tribunal that he or she is your representative.
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 relevant orders after a few weeks as to whether the whole or part of the claim is valid but mainly as to 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, which provide the oral evidence that is relevant to the legal issues.
Trial bundles are usually prepared and then the parties attend the Employment Tribunal hearing. The whole process to the hearing usually 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.