What happens at an employment tribunal hearing?

Making a claim against your employer can be daunting. In this guide, we will tell you what really happens if you bring a claim. Let’s find out more.

If you can’t settle a dispute with your employer over a legal issue, such as unpaid wages, failure to pay notice, discrimination or unfair dismissal, and want to take matters further, your last resort is an employment tribunal. You may feel nervous about this. But you can do it, especially if you have a good solicitor in your corner.

In this article, we’ll look at the tribunal process. We’ll explain what happens on the day of the hearing, so if it happens, you know what to expect. Let’s get started.

Early stages

If you want to start an employment law claim against your employer, the first thing you should do is go to a solicitor. They’ll listen to your story and offer professional advice on the strength of your claim, the risks and the costs. Then, if you want to take your dispute forward, they’ll set the wheels in motion.

The first step is to talk to Acas, the Advisory, Conciliation and Arbitration Service. Acas is there to try and settle your dispute before you spend time and money pursuing a case. 77% of employment cases that Acas works on settle without a tribunal hearing. Acas will not advise on the strength of your claims or suggest things which are favourable to you. They are there to impartially try to find a resolution. We can speak to Acas on your behalf, explain the basis of your claim, advise on the level of settlement you should ask for, and seek to achieve the best resolution for you.

If a settlement is not achieved, for whatever reason, and you want to take matters further, your solicitor will start work on submitting your claim. Once your claim has been sent to the tribunal, your employer will then need to provide a response. Often, following a response, the first step is a preliminary hearing (a short hearing to ensure the case can run smoothly and everyone is who they say they are). After that, you and your solicitor will prepare for the final hearing where a determination will be made by an employment judge. These preparations include:

·         Exchanging documents – all relevant documents must be disclosed to both parties before the hearing

·         Statements – Your solicitor will help you draft a statement of your version of events. If you have witnesses to back up your claims, statements should be taken from them also

·         Instructing barristers – If you require barristers to argue your case at the tribunal, your solicitor will bring them up to speed

At the tribunal

On the day of the hearing, here’s what you can expect.

The room where the hearing takes place will be small to medium. There will be chairs at the back of the room as all employment law tribunals are open to the public (unless otherwise stated).

You (the Claimant) and your employer (the Respondent) sit at the front with your respective solicitors or barrister. You will all face the Judge. Your hearing may be solely with the Judge, or they may have two wing members, usually industry experts. They will decide on the legal and factual issues to determine whether your claim succeeds.

After you’ve sworn to tell the truth, you’ll give evidence. Your employer’s solicitor or barrister will have the opportunity to cross-examine you (ask questions about your evidence). The Judge and wing members may also ask questions. They’ll also talk to witnesses for both sides. When all the evidence has been heard, both sides get the chance to put forward their closing submission (to sum up your position and case).

Ending your tribunal

The case ends when the Judge makes their decision. You may get the decision on the day of the hearing. However, if your case is complex, it may take days or weeks.

Remember, at any time before the hearing, your employer may offer you a settlement. You can learn more about settlements - including what’s acceptable and what isn’t – in this article from Couchman Hanson.

Find out more from Couchman Hanson

You’ll find the employment tribunal process much easier and less stressful if you have a great solicitor in your corner. When you have a good rapport with your solicitor, you can work together to find the angle for a successful claim.

If you’re thinking about bringing an employment law case, it’s time to talk to Couchman Hanson. At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city-level’ talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.

Call 01428 774756 or visit couchmanhanson.co.uk