Employment Tribunal Claims

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Taking your employer to an Employment Tribunal

You can take your employer to an Employment Tribunal if you think they have treated you unfairly or broken the law. The tribunal can order the employer to pay you compensation if you win your case.

It is worth exploring whether there is another way to solve the problem before going to the tribunal – for example, by using a grievance procedure or a mediator.

You usually have to apply to the tribunal within three months of your employment ending, or the problem occurring at work.

The ACAS Early Conciliation process

Before you can make a claim in an Employment Tribunal, you must notify the Advisory, Conciliation and Arbitration Service (ACAS) and try to settle the matter.

ACAS has one month to attempt to resolve the dispute. This free process is called Early Conciliation.

You can contact ACAS online, by post, or by telephone, providing your name and address along with your employer’s details (ideally including a contact number and email address).

Next, an ACAS representative will contact both you and your employer to try to reach a settlement. If this is not possible – for example, because one party is unwilling to settle, cannot be contacted, or the one-month time limit has passed – ACAS will issue a certificate allowing you to proceed with your tribunal claim.

Employment Tribunal fees

The tribunal can deal with a wide range of claims. You will have to pay a fee to take your case forward, which depends on the type of case.

The issue fee is either £160 or £250 and the hearing fee is £230 or £950. If you are unemployed or on a low income, you can apply to have these fees waived.

What happens after you lodge a claim

Once you have lodged your claim, your employer will usually have 28 days to respond and give their side of the case.

If they do not reply, an Employment Judge may decide on your case without the need for a hearing. If they do respond, a hearing will be held to decide the outcome.

Get advice before taking action

For free initial advice from the Hethertons’ Employment Law Team, please call us on 01904 528200.

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