Early Conciliation
Conciliation involves an independent Acas conciliator who
discusses the issues with both parties.
Submit a Claim
Employees must submit an ET1 claim form to the Employment
Tribunal, usually within three months of the cause of the
complaint.
An ET1 form is used for single claimants and an ET1A form
for multiple claimants.
Defence
Respondents must present a response to the Employment
Tribunal within 28 days of the date on which the Tribunal
sent out the ET1.
An ET3 form is used for the response.
Assessment
The Employment Tribunal will review the claim and the
response and consider what happens next.
Tribunal Directions
Upon receiving and accepting the response and claim, the
Employment Tribunal will decide how best to manage the
case’s progression to a final hearing.
Clarification
The parties may request further information regarding the
other party’s case.
Schedule of Loss and Counter Schedule
Usually, the Employment Tribunal will instruct the employee
to set out the remedy being sought.
Employers may prepare a counter schedule detailing what
they consider to be the value of the claim.
Discussions on Settlement
Both the employer and employee can propose settlement
terms.
Disclosure
All relevant documents relating to the issues of the
dispute must be disclosed to the other party.
This includes documents supporting or adversely affecting
a party’s case.
Joint Hearing Bundle Preparation
The joint hearing bundle includes relevant documents that
the parties agree should be considered at the hearing.
Judicial Mediation Preparation
Judicial mediation may require preparation of a mediation
bundle, a position statement and a draft settlement
agreement to form the basis of discussion at the mediation.
Judicial Mediation
Judicial mediation provides an opportunity for the parties
to work together and resolve their dispute.
Witness Statement
Witness statements set out the evidence that a party is
looking to put before the Employment Tribunal.
Exchange
An exchange of witness statements usually takes place
simultaneously by email. Other methods are possible.
Chronology / Cast List
The Employment Tribunal may direct that a chronology, an
agreed timeline of key events, and/or a cast list containing
the names and roles of key people is prepared to assist at
the hearing.
Hearing Preparation
Consilia Legal can assist and conduct a case conference
with all witnesses in preparation for the hearing.
The Hearing
At the hearing, the Employment Tribunal will read the
bundle, listen to witness evidence and determine the
outcome.
Cloud Video Platform Hearing
A Cloud Video Platform hearing is a normal Employment
Tribunal hearing that takes place remotely using a video
platform.
Remedy Bundle and Statements
A separate hearing may be necessary to determine remedy if
the Employment Tribunal decides on liability only.
Remedy Hearing
At the remedy hearing, the Employment Tribunal will decide
on the appropriate award payable to the employee.
Judgment, Appeal and De-brief
By the end of the final hearing, the Employment Tribunal
will issue its decision as a judgment together with
information about how to appeal.
Consilia Legal can provide a full de-brief and advice to
help prevent similar claims arising in future.
