Is there a deadline for making a claim?

Yes – you must make a claim within 3 months of the act complained of, e.g. race, sex, disability discrimination, dismissal. The rules are very strict, although the Tribunal does have some discretion to admit a late claim in exceptional circumstances. There is a 6 months time limit in the case of a claim for a redundancy payment but if you claim your dismissal for redundancy is alleged to be also an unfair dismissal then the 3 month time limit still applies, it is 6 months only in cases where you are claiming a redundancy payment.

Is there a minimum length to time I must have been employed before I can claim?

Yes – you normally need to have been employed for at least one year to claim unfair dismissal. However, there is no minimum time required if you claim that your dismissal is on grounds of discrimination, health and safety reasons, trade union activities, whistleblowing or where you have been dismissed because you have complained to your employer about an infringement of your legal rights.

Are there any procedures I must follow before lodging a claim?

The law changed fundamentally in 2004 regarding procedures which must be followed before making certain claims. If any claim is other than for dismissal, i.e. discrimination or constructive dismissal then you must have placed your complaint in writing to your employer and have waited at least 28 days before lodging a claim. If you have not taken these steps then the Tribunal will refuse to accept your claim but may extend the 3 month time limit to enable you to comply. You can find more detailed information regarding these requirements from the Employment Tribunals website: www.employmenttribunals.gov.uk

Can I represent myself if I wish?

Yes and, unlike most other courts, you can be represented by anyone of your choice before the Employment Tribunal. However, employment law is now extremely complex, especially since 2004, and even highly experienced professionals find the new rules confusing. It is therefore very unwise to choose to represent yourself.

If I lose will I have to pay costs to my former employer?

In most courts it is usually the case that the loser pays the winners costs. However, costs are only awarded in exceptional circumstances by the Employment Tribunal or the Employment Appeal Tribunal. This is usually in cases where the Tribunal feels that the claim has no merit whatsoever or you have misled the Tribunal about the facts of the case, for example. If we take up your case you need have no fear of costs being awarded against you as we will only offer no win no fee if we feel very confident of FAQs (contd.) success. Alternatively, if you win it is extremely unlikely that you will be awarded costs.

Who sits on the Tribunals?

The Employment Tribunal has a panel of 3 members: the Chairman is a lawyer, the other two members are not lawyers, one will have been nominated by a trade union or other employee organisation and one will have been nominated by an employers organisation (e.g. CBI). The Employment Appeal Tribunal consists of a High Court Judge and two lay members who are also nominated by Trade Unions and employers’ organisations but are much more prominent within those organisations (e.g. General Secretary of a union) than those who sit on the Employment Tribunal.

Is it possible to settle a case without going to a hearing?

Yes, each case has an ACAS conciliation officer assigned to it who will try to enable the parties to negotiate a settlement. If we take up your case we do our best, for your sake and ours, to settle the case rather than going through the stress of a hearing with the risks involved. However, the final decision to settle for a particular sum always your decision, although we will, of course, give you advice as to what we think is an acceptable sum.

Will I have to attend the Tribunal?

Yes, you will have to give evidence, under oath or by affirmation, but your evidence will be given via reading a written witness statement which we prepare for you before the hearing. All witnesses, including the employer’s witnesses, must provide a written witness statement before the hearing takes place.