Employment tribunal support and representation

The Employment Tribunal operates in much the same way as a court of law. All parties present their evidence which the Tribunal Judge or panel will consider before making their judgement. The judgement is legally binding and the Tribunal hearing is usually a public hearing, unless it is an exceptional case.

The Tribunal can consist of one Employment Tribunal Judge or a panel of three members depending on the complexity of the case. An Employment Tribunal panel is made up of two lay members of the public and the third panel member is usually a Judge who is legally qualified in Employment Law.

Before employees can start an Employment Tribunal claim they must follow the Early Conciliation process unless their claim falls into one of the exemptions. Generally before the employee can issue a claim at the Employment Tribunal, they must contact ACAS and submit an Early Conciliation form.

ACAS (Advisory, Conciliation and Arbitration Service) have a statutory duty to assist with negotiating settlements in these cases. They’re an independent organisation who act as a neutral go-between in Employment Tribunal cases to settle them. The service is confidential and any terms of settlement discussed between the parties will not be disclosed to the Employment Tribunal. ACAS conciliators are generally not legally qualified, however a written agreement can be achieved through ACAS via a document called a COT3 Agreement.

If they cannot reach a settlement, or either party refuses to engage, ACAS will issue an Early Conciliation certificate. This enables the employee to proceed with their Employment Tribunal claim.

If ACAS contact you then we can assist  you with negotiations and advise you through the process. Most employees and their employers want to take part in Early Conciliation to settle their workplace dispute without going to Tribunal.

The Employment Tribunal can order the following;

• Financial compensation, which is the most common outcome;
• Reinstatement to the old job as if the Claimant (employee) had never been away, on the same terms and conditions and with back pay and benefits – eg pension rights -for the period since dismissal;
• Re-engagement in a new job on similar terms and conditions to the old position. You may not have to pay any back pay if the employee’s conduct contributed to their dismissal; and
• Make a recommendation to you as an employer to amend your employment practices or procedures or recommend training.

The Tribunal can order a financial penalty even if no compensation is awarded to the successful Claimant – for example, in cases where a Claimant wins their claim but suffers no loss, or where a non-financial award is made, such as, reinstatement or re-engagement.

An Employment Tribunal does have the power to award compensation up to the statutory cap which increases every April i.e. from 6 April 2017 to 5 April 2018 the statutory cap is a maximum of £80,541 for claims of unfair dismissal that can be proven. However, claims for discrimination have no upper limit.

We have a highly-skilled team at Kidwells with the wealth of experience required to represent you effectively and efficiently. Our Employment Tribunal service provides you with:

• Initial review and risk analysis of your prospects of succeeding in your claim or defending the employee’s/Claimant’s claims;
• Assistance in drafting all Tribunal correspondence i.e. ET1, ET3, schedule of loss, counter schedule of loss, list of documents, witness statements, bundle, chronology of case and list of issues.