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Facing an employment tribunal can be daunting for an employer, especially when it is your first one. Thus, having a general idea about the process and what to expect can allow you to prepare adequately. Furthermore, what happens at an employment tribunal will, in part, determine whether you win or lose your case. Losing your case may require you to pay your employee a large amount of compensation. This article will explain what you, as an employer, should expect. It will explore what an employment tribunal is, what happens during the hearing and what the results could be.
What is an Employment Tribunal?
An employment tribunal is a judicial body that resolves disputes in employment law between employers and employees. It is independent of the government. An employment tribunal will resolve disputes concerning, for example:
- unfair dismissal;
- discrimination;
- redundancy payments; and
- employment contract breaches.
An employment tribunal is not as formal as a criminal court but is still a court of law and will follow a formal procedure.
Going to the Employment Tribunal Hearing
There are many employment tribunal offices in the UK. Generally, your case will take place at the employment tribunal closest to your place of business.
You should note the following points regarding your attendance at the employment tribunal hearing:
- you cannot claim expenses for attending the hearing; and
- you must bring any necessary documents and evidence.
When you arrive at the employment tribunal, a clerk will take your papers and liaise with you. You will be in a separate waiting room from the other party.
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During the Employment Tribunal Hearing
During the hearing, you, the ‘respondent’ and the person taking you to the tribunal, the ‘claimant’, will present your cases to a single employment judge. You will usually both face the judge and sit on separate adjacent tables in a large room. The employment tribunal begins with an introduction from the panel members. The judge will then decide whether you or the claimant will present their case first. Although you may wish to personally deliver your case, you may also ask one of the following individuals to do so on your behalf:
- your legal representative;
- a friend; or
- a family member.
When presenting your case, you may face questions from:
- the employment tribunal judge;
- the claimant or the person representing them; or
- in complex cases, such as discrimination cases, two other tribunal members, usually one experienced in trade unions and the other with an HR or business background.
Therefore, it is helpful to have a legal representative such as a solicitor or barrister presenting your case as they will have experience in cross-examination. You will be called to the witness table and sworn in when the cross-examination begins.
After the Employment Tribunal
Once the employment tribunal is over, you must wait for the decision. A judge decides on the outcome. Decisions are rarely given on the day except in straightforward cases. Rather, you will likely receive a decision by post within a few days or weeks.
Winning an Employment Tribunal
As the employer, you will not receive an award of compensation for winning the case. However, you will also not have to compensate the claimant.
Losing an Employment Tribunal
If you lose your employment tribunal case, the judge may compel you to do any of the following:
- give the job role back to the claimant;
- pay compensation, when giving the claimant their job back is not possible;
- pay expenses for witnesses; or
- pay damages or loss of earnings.
You will most likely have to pay compensation when you lose an employment tribunal. There are limits on the amount of this unless it concerns discrimination. The compensation amount is based upon the claimant’s financial loss due to your mistakes. You should pay the full compensation within 14 days of receiving the judgement to avoid accruing interest on this sum. Failure to pay compensation can result in:
- the claimant taking you to court;
- fines; and
- publication of your name online by the government.
The employment tribunal may also require you to pay back any state benefit the claimant received during the time taken to take you to an employment tribunal. This ensures that the claimant does not receive duplicated pay.
Key Takeaways
If you are due to face an employment tribunal, you should familiarise yourself with what happens during one. This will enable you to prepare yourself regarding expectations and what you need to do. You will need to prepare your case to give the employment tribunal judge your side of the story. Therefore, you must ensure you take your evidence when attending on the day. You may decide that a fully qualified person is more suitable than you to present your case. You should expect cross-examination, so be ready to answer questions about the case.
If you need help understanding what happens at an employment tribunal, our experienced employment lawyers 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 for a low monthly fee for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
An employment tribunal is a court of law but is less formal than a criminal court. It is usually held in a large room rather than a courtroom, and you will sit at a table separate from the claimant and face the judge.
Yes, you will be able to present your case or have someone do so on your behalf. Additionally, you will be cross-examined, so you have to answer questions.
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