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
I have been a specialist in employment law througout my 18 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...
Astra Emir is a practising barrister specialising in employment, discrimination, motoring, and regulatory law, including transport law. She has written extensively on employment law and transport law, including some of the leading textbooks in the area, and she has degrees in law from Oxford University and University College London. Aside from advising...
I offer expertise in all aspects of employment law, which includes, amongst other things, unfair dismissal, wrongful dismissal, 'Whistleblowing', TUPE, discrimination and all matters covered under the Equality Act 2010 (race, sex, disability, sexual orientation, gender reassignment, marriage & civil partnership, religion or belief and age),...
I am an employment and discrimination specialist who practices across all areas of employment and discrimination law, including breach of contractual terms and restrictive covenants. I act for both Claimants and Respondents. I have a complimentary practice in Information & Data Protection Law.
I regularly appear for both Claimants and...
At the core of my practice and always has been. I act for employers and employees. I am regularly instructed by a broad range of clients including local authorities, non departmental public bodies, City and large regional solicitors firms as well as by the HR and legal departments of a number of high profile national and international companies. My...
People spend a large proportion of their time at work. Having specialised in employment and equality law since 1998, I know just how stressful and worrying employment problems can be for workers and small businesses.
I act for individuals, charities and small businesses in employment cases - particularly in relation to unfair dismissal, redundancy...
A highly motivated and proactive direct access advocate, authorised by the Bar Standards Board to conduct litigation, with over 30 years extensive legal and research experience. With exceptional interpersonal and analytical skills, who can be relied upon to provide an outstanding level of service to clients and handle a workload in a professional and...