Why would I need to use an Employment Tribunal?
If you are involved in an employment-related dispute with your employer, which has not been resolved by a grievance procedure, the next step is to make a claim against your employer. The case will be heard by an Employment Tribunal, which comprises (usually) a judge and two lay members.
The most common disputes that come before Employment Tribunals are concerned with unfair dismissal, redundancy payments and employment discrimination. Other cases might involve an employer failing to pay wages or whistleblowing.
If you wish to make a claim to the Employment Tribunal, you have to lodge the claim in most cases within three months of your employment ending or the problem happening. The time limit for cases of equal pay and for redundancy are, usually, six months.
To make a claim to the Employment Tribunal, it costs either £160 or £250 when starting their Employment Tribunal, depending on the type of claim, and a further payment of £230 or £950 for the actual hearing, again depending on the type of claim. The more expensive hearing fee is for claims for: unfair dismissal; equal pay; discrimination; and whistleblowing.
In all cases, the Employment Tribunal may not award damages that exceed £25,000 for all claims for breach of contract.
What happens if I lose or disagree with the decision?
If you lose your case, you can ask the tribunal to reconsider the decision (or ‘judgment’) if you lose your case. You must write to the Employment Tribunal office within 14 days of getting the decision, saying why you want it to be reconsidered. You have to have a good reason for asking for reconsideration, such as you think the tribunal made a mistake in the way it reached its decision, or there is new evidence.
You can also appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal case. For example, you could appeal if you believe the Employment Tribunal got the law wrong (on which point you will certainly need expert legal advice), had no evidence to support its decision or was unfairly biased towards the other party.
Why use a barrister in an Employment Tribunal or in an appeal to the Employment Appeal Tribunal?
In cases involving the Employment Tribunal, barristers are able to receive instructions directly from members of the public as well as through solicitors.
Barristers offer expertise in their chosen area of law. They can advise you early on whether you have a strong case or not. Barristers can advise on the best way to make your case, including advising on the right wording in the Employment documentation, and assist with the wording of correspondence. Barristers respond quickly, so you won’t be kept waiting to hear from them. They also explain things clearly. As expert advocates, barristers can represent you skillfully in any hearing, to make sure that your case is properly presented.
There is another very good reason to go direct to a barrister if you have an Employment Tribunal claim. Barristers offer excellent value for money: they are self-employed and have lower overheads than firms of solicitors, which enables them to offer more competitive rates.
Select your barristers
During a decade at the Bar, Heather has built an impressive reputation in employment law, discrimination law and related areas. Client testimonials have praised Heather as a “highly competent and reliable counsel” who is valued for her “patient and professional conduct”, her “ability to analyse and grasp detailed information” and her “excellent...
I have been a specialist in employment law througout my 14 years of practice, although I have helped some clients in other areas when needed. I completed my training at what remains one of the leading chambers in the UK for Employment Law, Littleton Chambers, and have since worked as both a self-employed barrister in chambers and as an in house barrister...
I have many years experience advising and representing employees at Tribunals, the Employment Appeal Tribunal and higher courts. I have been accepting public access work, both litigation and advisory, for more than 5 years. My work load covers all areas of tribunal work with a particular emphasis on claims of unfair dismissal, discrimination, whistle...
I am an experienced Employment Tribunal advocate in all manner of employment claims and prepare claims for individuals and the defence of claims on behalf of employers and personally represent them at the Tribunal hearings.
I have up to date knowledge of employment law and had an article on ill-health and capability dismissals published in Tolley’...
I am a barrister with 30 years experience. I represent employers and employees in Employment Tribunals, the Employment Appeal Tribunal and in the civil courts. I do all types of employment cases including unfair dismissal, discrimination and employment contracts. I have regular experience of obtaining and fighting injunctions in the High Court in an...
I have advised and represented clients who have employment disputes. This has included advice on how to deal with a dispute when they are still in employment, how to handle any grievances or disciplinary action, how to terminate the employment relationship and how to deal with any claim in the employment tribunal.
I have advised on a number of...
I practise in all areas of employment law, including unfair and wrongful dismissal, contractual terms, deductions from wages, TUPE and restrictive covenants. I specialise in discrimination law, including race, sex, disability, age and religion.
I regularly appear for both Claimants and Respondents in the Employment Tribunals, as well as in the...
Nigel has acted for of a diverse range of clients both within the UK and other jurisdictions, including individual Claimants, Charities, Trade Unions and businesses operating within the NHS and retail, banking and property sectors for more than 20 years. His practice is both advisory and representational.