Employment Law Explained

Submitting claims to Tribunals - will they reject it ?

Just because you issue a claim does not mean the Tribunal will automatically accept it. Employees are encouraged to sort out their differences with their employers before bringing claims before Tribunal by instigating grievances.

In certain circumstances they will reject a claim when the statutory grievance procedures (GP's) apply and the subject matter of the claim concerns a jurisdiction in a given list which basically includes all claims save breach of contract claims and discrimination on the grounds of fixed term or part time work)) and the employee has not first raised that grievance by sending a Step 1 statement of grievance to their employer and waited 28 days or sent a step 1 statement more than a month after the original time limit expires . See section - Statutory Grievance Procedures. In these circumstances the Tribunal will reject the claim.

Essentially all claims including constructive dismissal require submission of a Step 1 statement save for those few referred to above or where the Statutory Grievance Procedules do not apply, such as claims relating to an actual dismissal.