Employment Law Explained

Employment Tribunals Practice and Procedure.

The claim is started by submission of a Claim form (ET1). The Respondent to the claim has 28 days of receiving the claim form to lodge a Response Form (ET3).

There are many Employment Tribunals situated across the UK. The Tribunal covering a claim is dictated by the area in which the Claimant worked.

At the hearing, there are usually 3 people comprising the Tribunal who will hear a case. The Chairman, who sits in the middle, is usually a Barrister or Solicitor. Each side of him are "wing members" who come from an employee and employer background respectively. All 3 are involved in making the final decision, which can be unanimous or by majority.

The party with the burden of proof starts and presents their evidence by calling witnesses who read out from pre-prepared witness statements. These statements refer to a common bundle of documents. When the witness has read out the statement, the opposition representative can ask questions of that witness by way of cross examination. The Tribunal can also ask questions. Once all witnesses have been called, the opposition undertake the same exercise calling their witnesses who are subsequently cross examined. When this is concluded, either party has an opportunity of summing up their case and then the Tribunal retires to make its decision. It will either give the decision the same day or notify the parties in writing, called a reserved decision.

A note of caution - putting emotion and principle to one side, Employment Tribunals do come up with odd decisions and to this extent both Claimant and Respondent are at risk as to what the ultimate outcome will be.