The Employment Tribunal - Part 2

The Employment Tribunal - Part 2

How long will it take to reach settlement?

By Emma Meakin

Following the steps outlines in The Employment Tribunal - Part 1, whilst you may have issued a claim it does not mean that the decision will be instantaneous. There are certain time limits that must be met.

When to bring a claim?

The clock starts ticking immediately from the point of dispute, giving you three months to bring a claim. This date varies depending on the type of grievance. If you feel you have been unfairly dismissed then the clock starts on the day of dismissal. For a claim made about discrimination or a specific incident, the countdown begins from the day the incident happened.

It is vital therefore that you make your decision to action a claim pretty sharply. But never fear - the time limit has the breaks put on whilst you go through the mandatory Acas conciliation process. This allows you time to consider and attempt to reach a settlement without the need to make a claim.

After you have made the claim

Once you have made the claim the tribunal will issue and action service on your employer (the defendant). Once in receipt of the paperwork the defendant has 28 days to respond to your claim. This is a set time period. If no reply is forthcoming then the tribunal may take the view that the case can be decided without the defendant’s reply and dispense with the need for a hearing.

The reply is in…

Once the reply is received the tribunal will review the evidence and determine if the matter requires a primary hearing, which is called if a judge feels:

This is not a definitive list and if a judge feels that questions need answering prior to the final hearing, a primary hearing may be called.

Time to collect the evidence

Once you have issued the claim both you and your employer are allowed to request documentation and to take time to gather the necessary evidence and witnesses to support the case. It is normal for the tribunal to issue an order setting out the timeline for this. The documents you can request vary from case to case but include:

Witnesses may attend the final hearing to provide evidence only if it is relevant to the case. If a witness is unwilling to attend you can request the tribunal requests their attendance and orders they appear.

The final hearing arrives

The tribunal will set the date for the final hearing and is entirely dependent on the tribunal’s diary. Trying to predict a timeline for this process is like estimating the proverbial piece of string - it's just not possible.

At the hearing, you will present your case to the tribunal, along with your supporting evidence (the tribunal will tell you how many copies to bring). The case can be presented by a third party on your behalf if you wish, such as a solicitor, family member or friend. As the claimant you will normally be heard first and you will be questioned by the judge, the defendant and if the case requires two other tribunal members. The tribunal will then hear the evidence of the defendant and adjourn to make a decision.

Receiving the decision

Normal procedure dictates that you receive a decision in the post either a few days or weeks after the hearing. The decision will set out whether you have won and, if so, what steps are to be taken to compensate you, such as a damages payment, improving work condition or reinstating your employment.

The decision will also outline a timescale for the outcome to be actioned. If this is ignored then you may need to start enforcement proceedings.

If you lose the proceedings, you have 14 days to write to the tribunal and ask that they reconsider. You must set out good reasons for this and fees are required to be paid. Depending on the claim type these fees can be £100 to £350.

You can also approach the Employment Appeal Tribunal. Read more about this on our other Knowledge Hub article.

Whilst the early stages of the case has a strict time scale, it must be remembered that when you get past these it really does become a case of how long is a piece of sting and the matter can take several months and even up to a year to be resolved.