Employment Tribunal Process
Here we provide an overview of the key stages in employment tribunal proceedings. It considers bringing and defending claims, and preparation for and attendance at employment tribunal hearings.
- Conciliation involves an independent Acas conciliator who discusses the issues with both parties.
- Employees must submit an ET1 claim form to the employment tribunal (ET), usually within three months of the cause of the complaint.ET1 form (for single claimants)
ET1A form (for multiple claimants)
To apply online
- Respondents must present a response to the ET within 28 days of the date on which the tribunal sent out the ET1.ET3 form
- The Employment Tribunal will review your claim and the response and consider what happens next.
- Upon recieving and accepting the response and claim, the ET will decide how best to manage the case’s progression to a final hearing
- The parties may request further information regarding the other party’s case.
Schedule of Loss and Counter Schedule
- Usually the ET will instruct the employee to set out the remedy he/she is seeking.
- Employers may also 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.
- 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 party agrees 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 provides an opportunity for the parties to work together and resolve their dispute.
- Witness statements set out the evidence that a party is looking to put before the Employment Tribunal.
- An exchange of witness statements usually takes place simultaneously by email. Other methods are possible.
- The Employment Tribunal may direct that a chronology (an agreed timeline of key events) and/or cast list (names and roles of key people involved) is used to assist at the hearing.
- Consilia Legal can assist and conduct a case conference with all witnesses in preparation of the hearing
- At the hearing, the Employment Tribunal will read the bundle, listen to witness evidence and determine the outcome
Cloud Video Platform Hearing
- As its name suggests, a CVP hearing is a normal hearing that takes place remotely via video platform. Remote participation helps protect the health and safety of all individuals during the COVID-19 pandemic and well as ensuring access to justice. The ET will only list an in person hearing in exceptional circumstances. Stringent measures remain in place at all ET offices to protect the health and safety of those who enter the building.
Remedy Bundle and Statements
- A separate hearing may be necessary to determine remedy if the Employment Tribunal decides on liability only.
- At the remedy hearing, the Employment Tribunal will decide on the appropriate award payable to the employee.
Judgement, Appeal And De-brief
- By the end of the final hearing, the Employment Tribunal will issue it decision as a judgment together with information about how to appeal. Consilia Legal can provide you with a full de-brief and advice to prevent similar claims arising in future.
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