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Employment Tribunal Claims

employment tribunal claimsIt is a sad fact that not all employment relationships end well. Not all employers act as they should. If you find yourself in this situation, we can help you bring an Employment Tribunal claim. We can also negotiate with ACAS or represent you in Judicial Mediation or other alternative dispute resolution.

Claims in the Employment Tribunal include:

  • Unfair Dismissal
  • Constructive Dismissal
  • Sex Discrimination 
  • Sexual Harassment 
  • Pregnancy/Maternity Discrimination
  • Race Discrimination
  • Racial Harassment
  • Age Discrimination
  • Harassment related to Age
  • Disability Discrimination
  • Failure to make reasonable adjustments for a disabled worker
  • Harassment related to disability
  • Sexual Orientation Discrimination
  • Sexual Orientation Harassment
  • Discrimination because of Religion or Belief
  • Harassment related to Religion or Belief
  • Discrimination because of Gender Reassignment
  • Harassment related to Gender Reassignment
  • Discrimination because you are married or in a civil partnership
  • Victimisation because you have complained about discrimination
  • Equal pay
  • Victimisation because you are a whistleblower
  • Failure to follow the TUPE regulations
  • Unpaid wages
  • Unpaid holiday
  • Notice pay
  • Redundancy pay
  • Refusal of Flexible Working requests

If you are considering bringing a claim in the Employment Tribunal get in touch with our experienced Employment Law Solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

What is the time limit to bring an Employment Tribunal Claim?

Most Employment Tribunal claims have a short time limit of three months less one day. That is not the deadline to bring your claim before the Employment Tribunal, but to contact ACAS for Early Conciliation, which is the compulsory first step in the majority of cases. The deadline is paused during Early Conciliation and for at least a month afterwards.

Who are ACAS?

ACAS are a governmental body set up to, amongst other things, help resolve employment disputes. They act as a go-between between you and your employer to try to reach a settlement of your dispute. This happens before Employment Tribunal proceedings are issued, in Early Conciliation, and during a claim right up to the final hearing. If agreement is reached, ACAS record that in a document known as a COT3, which can be enforced like an Employment Tribunal judgment.

What is Early Conciliation?

Early Conciliation was introduced to try to reduce the number of employment disputes reaching the Employment Tribunal. It is compulsory to at least contact ACAS before bringing most Employment Tribunal claims. The deadline to contact ACAS in most cases is three months less one day from the date of the thing you complain about. We fill out a form giving basic information about your dispute. ACAS then contact your employer to see if they are prepared to negotiate to settle your dispute. If settlement is reached, it is recorded in a COT3. If you are unable to resolve the dispute, ACAS issue an Early Conciliation Certificate that allows you to bring your claim to the Employment Tribunal. 

What compensation can an Employment Tribunal award?

Compensation varies according to the type of claim. Generally, the Employment Tribunal is putting the Claimant in the position that they would have been if their employer had followed the law correctly. So in a claim for unpaid wages, holiday pay, notice pay or redundancy pay, the Employment Tribunal judgment will be for the unpaid sum. For unfair dismissal or constructive dismissal, the Employment Tribunal will award loss of earnings and in most cases a Basic Award, which is calculated in the same way as a statutory redundancy payment. In discrimination cases and some whistleblowing cases, the Employment Tribunal will also compensate the Claimant for injury to feelings.

Who pays the legal fees in an Employment Tribunal claim?

In most cases, each party pays their own legal fees no matter who is successful. This can sometimes mean that it might cost more in legal fees to bring a claim than you can recover. Employment Tribunals can order that one party pays a contribution to the other party’s legal fees if they consider that the claim or response has no realistic prospect of success or that the party has acted unreasonably in bringing or defending the claim.

What is Judicial Mediation?

Judicial Mediation was set up to assist more Employment Tribunal litigants to reach settlement of their disputes. A day is set aside for both parties to speak with a Judge about how settlement can be reached. The Judge will usually speak with the Claimant first to ask what they are looking for, and then to the Respondent employer to see what they are prepared to offer. There is then back and forth to see if agreement can be reached. If so, ACAS are asked to record the deal in a COT3. If not, the claim proceeds to a final hearing, but the Judicial Mediation Judge plays no further part in the case. Judicial Mediations now mostly take place remotely using the Courts’ remote video software.

How we can help with Employment Tribunal Claims

If you are considering bringing an Employment Tribunal claim our specialist Employment Law Solicitors will be able to assist.

Our team will work with you to ensure your claim is presented properly in order to get the best possible result from the tribunal.

We can also negotiate with ACAS or represent you in Judicial Mediation or other alternative dispute resolution.

The first step of the process is to get in touch with one of our expert Employment Law Solicitors for an initial consultation by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

After this initial consultation you will be in a position to decide how you would like to proceed.

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