Frequently Asked Questions - employment tribunals
- What is an employment tribunal?
- What are the time limits for taking my claim to a tribunal?
- What information do I need to help my case?
- How can a solicitor help me in preparing for a tribunal?
- Will I need to give evidence at the tribunal?
- How long will it take until the tribunal hearing?
- What are contingency fee arrangements?
What is an employment tribunal?
Employment tribunals are independent bodies which resolve disputes between employees and employers about employment rights. At the end of the hearing they come to a decision, which they will set out in writing along with the reasons for their decision. They will also state the amount of any compensation and /or costs to be paid.
What are the time limits for taking my claim to a tribunal?
You must normally do this within three months of the date of the events you are complaining about. However, this deadline may be extended in certain circumstances. If your claim is about a redundancy payment, you have six months to take it to the tribunal.
What information do I need to help my case?
- keep all correspondence with your employer
- keep notes of telephone calls and meetings
- your employment contract
- if you are still in employment, get a copy of your firm's procedures/handbooks
- if you have lost your job, keep records of interviews and job applications to prove you are actively seeking work. If you cannot show that you have been actively seeking work, you may get less compensation
How can a solicitor help me in preparing for a tribunal?
It's important to use an employment solicitor who is experienced in handling employment tribunals. The solicitor will prepare your case, including:
- communications with your employer
- completion of your application to the tribunal
- collection of relevant documents
- preparation of witness statements
- instructing a barrister if necessary
In many cases your solicitor may help you settle your case with your employer without needing to proceed to the tribunal.
Will I need to give evidence at the tribunal?
In almost every case you will need to give evidence at your tribunal hearing and will be cross examined by your employer's representatives. We can help you prepare for this.
How long will it take until the tribunal Hearing?
Most tribunals take place about six to nine months after the application form has been completed.
What are contingency fee arrangements?
If your case goes to a tribunal, we may be able to agree a 'contingency fee'. If you win, we receive an agreed percentage of your award from the tribunal. If you lose, you do not have to pay us our costs. However you would have to pay for expenses, such as court fees, the cost of any reports required, or barrister's fees. By paying a one-off insurance premium, you can be covered for the payment of these costs if you don't win your case.
We will explain in detail how contingency fees work, and whether they would be appropriate for your case, at your initial meeting with us.
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