Employers’ Key Questions Regarding Employment Tribunals

As an employer, facing an employment tribunal is daunting. An employee may have claimed against you for unlawful discrimination, unfair dismissal, or constructive dismissal. Regardless, you will want to know what to expect and how best to prepare. This article will look at some common key questions regarding employment tribunals employers often ask.  

Why Do Employment Tribunals Need to Take Place?

One key question regarding employment tribunals is perhaps the most fundamental: what are they? Why does the process need to take place. Employment tribunals function similarly to other courts of law in that they are state-sanctioned formal dispute resolution venues. You can think of employment tribunals as courts specifically designed to hear employee-employer disputes. 

Therefore, if an employee has raised a dispute which they feel you have not or cannot resolve internally, they may file a claim with the employment tribunal. Three panellists usually chair the tribunal. One is a trade professional with experience representing employees, such as a trade unionist. Another is someone with experience representing employers. The third is an employment judge that rules on aspects of employment law. 

Common reasons employees bring claims to tribunals include:

• discrimination;
• unfair dismissal;
• unlawful wage deduction or National Minimum Wage (NMW) violations;
• employment contract breaches; and
• working without lawful rest breaks.

How Long Is the Employment Tribunal Process?

Another common question regarding employment tribunals relates to how long the process lasts. 

The entire process does not simply consist of the hearing itself. Before the hearing, which is typically the longest aspect, you generally have two weeks to gather your evidence ready for the tribunal hearing. 

A preliminary hearing may take place if there are issues that need to be resolved before a full hearing can competently proceed. Following this, the tribunal determines how long to allocate for the main hearing. 

The hearing itself usually lasts half a day for straightforward claims. However, the tribunal may not rule on the day of. Instead, you may receive notice of the judgment several days later. 

What Happens at the Employment Tribunal Hearing?

Once you arrive at an employment tribunal hearing, a clerk will meet you to determine the scope and scale of your evidence, which will at the very least contain your witness statement, and which other witnesses you intend to call. The clerk will also want to know if you have legal representation. It is a good idea to arrive half an hour before the actual time of the hearing.

Once in the employment hearing, the judge will lay out the main issues of the case. Then, both you and your employee will give evidence. You are asked to take an oath before your witness statement is read out to the tribunal. The tribunal will then ask various questions before making a final decision.

What Might Be the Outcome of an Employment Tribunal?

No doubt a burning key question regarding employment tribunals is what the outcome will be. While every outcome depends on the particular circumstances, an employment tribunal will either rule against you or the employee. 

If the tribunal rules against you, it may make the following order(s) of you

• compensation; 
• payment of money owed or wages by you;
• reinstatement, which means you give your employee their job back; or
• re-engagement, which means you give your employee a new role in your business.

Should an Employer Have Legal Representation at an Employment Tribunal?

If you face an employment tribunal, it is wise to seek legal advice. If your employee wins their case at an employment tribunal, you may face considerable financial liability, to say nothing of your business’ reputation. 

Having legal representation and advice from an employment tribunal will likely give you a greater chance of winning the case. Your solicitor will ask you for as much evidence as possible such as meeting notes and employment contracts, and then use these to prepare your argument.

Key Takeaways

As an employer, you should do your best to avoid an employment tribunal by keeping up to date with employment law and complying with your obligations as an employer. However, if you find yourself facing one, you likely have several key questions regarding employment tribunals. For example, you may wish to know what might happen at the hearing or whether you should obtain legal advice. 

If you need help understanding key questions regarding employment tribunals in England and Wales or have further questions to ask, 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. So call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions