Employment Tribunal FAQs
What Are Preliminary Hearings?
Preliminary hearings are held, naturally enough, prior to the Tribunal proper, and they are held in order to determine the right of someone to claim compensation or defend themselves from a claim. Preliminary hearings do not cover any other issues than the right to claim or defend against a claim. Both the claimant and the employer can call for a preliminary hearing and both will be given due notice of the hearing.
What Are Pre-Hearing Reviews?
These are called when the tribunal has reason to believe that a particular claim or defence is unlikely to succeed, and if this is determined, then a deposit will be called for as a condition of continuance.
What Happens At The Employment Tribunal?
The Employment Tribunal attempts to be as straightforward as possible, all the procedures will be explained to you by the Tribunal clerk, and the participants can choose from a wide range of representatives (e.g. colleagues, trade union officials, solicitors) to help them make their case. While this is ongoing, the chairman will offer advice and guidance to help both sides in putting forward their version of events. The other constituents of the Employment Tribunal ask their own questions of the claimant and defendant, as well as hearing the questions and responses from both sides' representatives. You can also choose to represent yourself, whether you are seeking the claim or defending against it. If someone has information vital to your claim, but is unwilling to attend your hearing, then you can even apply to the Tribunal in advance for an order to compel them to come.
Claims are almost always decided upon on the day they are heard, so don't expect day-after-day of cross-examinations. You do, however, have the right of appeal, and the right to have your case reviewed.
What sort Of Judgement Can I Expect?
Apart from a straightforward dismissal of the case, there are three standard decisions from an Employment Tribunal. An Order of Reinstatement means that the appellant gets their old job back, an Order of Reengagement means the company takes the appellant back in a different job, and Compensation establishes how much money the appellant gets because of their unfair dismissal. But don't worry, the Tribunal wouldn't put you back in a job if they thought that situation would be unworkable in practice.
What If I Can't Afford To Get To The Hearing?
You can actually claim travel costs for getting to and from the hearing, and so can witnesses for both sides.
What About My Lost Wages Because Of Attending The Hearing?
You can claim for loss of wages too, up to a preset maximum (which the Tribunal can tell you about on the day of the Employment Tribunal Hearing).
What Is An ACAS Unfair Dismissal Claim?
ACAS is the Advisory, Conciliation and Arbitration Service and they have had the right to hold unfair dismissal hearings since 2001 - whether you go through ACAS or through the Tribunal Office is a voluntary matter.
What If I have Been Awarded Compensation but My Employer Won't Pay?
You can ask for your local County Court to step in on your behalf and force them to pay. You can find the address of your local County Court from your locals Citizen's Advice office, or from the Court Service Helpline on 0845 456 8770
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