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When you run a business, you may employ staff. If so, it is essential to treat your staff correctly, which means abiding by employment law. Unfortunately, there are times when you and your employees may not see eye to eye. This can lead to an employment dispute and possibly an employment claim in a tribunal as a way to resolve it. An employment tribunal makes decisions about employment disputes. It can be daunting to face an employment tribunal, particularly if it is your first claim. Therefore, this article will explain how to navigate employment tribunals, focusing on some legal procedures and considerations.
Why Might I Face an Employment Tribunal?
If you face an employment tribunal, you should take legal advice from the outset. You should take legal advice from the outset. You could find yourself with an employment tribunal claim because you have not followed employment law or, perhaps, breached an employment contract. There are many types of employment claims a business could face, and common ones include the following:
- unfair dismissal;
- wrongful dismissal; and
- discrimination.
Legal Procedures in Employment Tribunals
Various legal procedures apply when navigating employment tribunals. We examine some of these below.
Time Limits
An essential part of tribunal legal procedures is the time limits you must abide by.
For example:
- the ACAS Early Conciliation (EC) process, which occurs before any employment tribunal and can last as long as six weeks;
- giving the other party at least seven days’ notice of the documents you wish to use during the hearing to back up your case; and
- applying within 14 days of being sent a judgment where you want to ask the tribunal to reconsider their decision.
Responding to an Employment Claim
There is a legal procedure to follow when you respond to an employment claim. This requires you to respond to an ET1 claim form by using the ET3 form within 28 of receipt of the former. There are legal points you must consider when you reply, so it is advisable to have a solicitor to help you with the form.
For example, if the claim is for breach of the employment contract, they will help you check if the tribunal does have jurisdiction. This depends on the amount claimed for contractual breach.
Tribunal Hearing Process
The tribunal hearing process is a legal procedure that may include a pre-hearing or preliminary hearing to see if the Judge should dismiss any or all of the claim. As part of this, you must give specific information to the tribunal, and not doing so could mean you face an order for costs.
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Considerations for Businesses for Employment Tribunals
As a business facing an employment tribunal, there are many points to consider, and we suggest some below.
Is the Claim Valid?
It is possible you could receive an employment claim form, which a good solicitor will find appears invalid.
As an employer, it is crucial to stay compliant with ever-evolving employment law. This factsheet outlines key changes in 2024 that will affect how you manage your workforce.
For example, if the claimant has not gone through the ACAS Early Conciliation process or does not meet the criteria for the claim. In that case, you may not face an employment tribunal. Alternatively, you could apply for the case to be struck out if the employee has not claimed within the three-month time limit.
Costs
An employment tribunal will be costly for your business, so if you can avoid facing a claim and settle the dispute early on, consider this. Expenses include both money and your business time. For example, costs include:
- legal fees;
- preparing your defence, which includes resource costs for your business;
- settlement costs; and
- compensation
Employment Tribunal Insurance
Before you receive an employment claim, it is helpful to consider whether employment tribunal insurance is necessary for your business. Different types of indemnity insurance are available. Some may pay for legal fees and compensation, and others just the former. Knowledge of insurance coverage before proceeding is crucial if you consider employment tribunal insurance.
Key Takeaways
When navigating employment tribunals, your business must understand legal procedures and considerations. We have discussed some of these. For example, employment tribunal procedures consist of specific deadlines, such as 14 days to ask a tribunal to reconsider its decision. They also have a procedure for responding to a claim form and a hearing process for the claim to be heard by the tribunal.
Considerations when navigating employment tribunals include whether or not the claim is valid, and a solicitor can help you with this. It is also essential to consider the costs for your business of employment tribunals and whether you want to take employment tribunal insurance.
If you need help navigating employment tribunals in the UK, LegalVision’s experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.
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