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 represented claimants from all walks of life in employment tribunals. My experience includes cases of unfair dismissal, constructive dismissal, discrimination, whistleblowing (protected disclosures) and unpaid wages. If you believe you may have a claim against your employer, or you have a case that is already in court or tribunal, please contact...
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),...
David has extensive experience in employment and discrimination claims. He acts for employers and employees from a wide client base which includes public services, blue chip companies, educational institutions, local authorities, charities, and housing associations, and individuals from a broad range of employment. He is able to deliver practical,...
I am an experienced Employment Tribunal and High Court advocate with particular knowledge and specialism in:
• The enforceability of post-termination restrictive covenants
• Confidentiality and trade secret disputes
• Springboard relief and other urgent applications in the context of employee competition
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 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...
Represented a group of 7 Claimants against their public service employer in a multi-week action. Each of them were pursuing discrimination claims for differing heads of claim, including: Sex; Sexual Orientation; Discrimination by Association and Disability. I succeeded in achieving awards running into thousands for the Claimants.
Michael regularly acts for Claimants and Respondents in Employment Tribunals, the EAT and the High Court. His practice includes unfair dismissal, redundancy, discrimination, data protection, whistleblowing, transfer of undertakings, unlawful deductions from wages/working time and compromise/confidentiality agreements.