Employment Tribunals

Employment Tribunals are available to employees whose disputes with their employers have thus far remained unresolved.

This usually means that they have tried to settle their grievance through their employers’ own internal procedures and attempted conciliation via a body like the Advisory, Conciliation and Arbitration Service (ACAS) prior to taking their case to the Employment Tribunal.

Some Employment Tribunal facts:

  • The decision of a Tribunal is legally binding and must be followed.
  • Employment Tribunals are heard by a panel of three people – a qualified employment judge and two laypeople with experience of employment issues. All are completely independent and will make an impartial decision.
  • You have three months to take your case to a Tribunal from the date your employment ceased or the complaint in question occurred.
  • Using an Employment Tribunal is completely free, unless you are paying someone to represent you such as an employment solicitor.
  • You give evidence to the Tribunal under oath or affirmation – therefore, you risk being convicted of perjury if you lie.

What kind of claims can be heard by Employment Tribunals?

  • Unfair dismissal and constructive dismissal
  • Discrimination on the grounds of disability, race, sex, age, sexual orientation, religion or belief
  • Not being allowed to have someone accompany you to a disciplinary or grievance hearing
  • Not being consulted in a redundancy situation
  • Breach of contract
  • Equal pay issues

What happens if I win my Employment Tribunal case?

There are a variety of remedies which may be prescribed by an Employment Tribunal, including:

  • Reinstatement – getting your job back with no loss of money or security
  • Engagement – getting another job with the same employer
  • Compensation – a basic award calculated in a similar way to a redundancy plus a compensatory award to compensate you for the financial losses incurred as a result of the dismissal

The current maximum compensation awarded by Employment Tribunals is £65,300 plus £11,400 for the basic award (as of 01/02/2010).

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