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
Paul is now ten years Call and he is a specialist civil litigation and employment lawyer. Paul represented Team GB at the Sydney Olympics in 2000 and, perhaps not surprisingly, is known for his strong work ethic and commitment to delivering a high standard of service to his clients.
Charles has a thriving practice, being instructed by solicitors and under direct access, primarily in employment (representing both employers and employees), immigration and asylum, commercial and financial matters, and he regularly appears in courts and tribunals at various levels. Mr Mannan has also assisted and represented in complex international...
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...
Leslie specialises in all aspects of employment law in the ET, the county Court and the High Court. She also specialises in inquests and personal injuries. In addition to private organisations and individuals, she is instructed for and against NHS Trusts and Borough Councils and high-profile commercial entities (including financial services...
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.
Daniel is highly regarded as an impressive courtroom advocate. His style and approach inspire great confidence in clients, and makes them feel very well supported. He is an intellectually strong, versatile and committed trial fighter.
His main specialist practice area is employment and employment-related fields. He acts for claimants and...
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...
I am an experienced advocate appearing in Employment tribunals across the country and at the Employment Appeal Tribunal. If you are an employer or employee and have a dispute relating to TUPE, unfair dismissal or discrimination, I can provide you with quality, straightforward and swift advice at a competitive rate.