Employment tribunals
An employment tribunal deals with disputes between employees and employers
When should you use an employment tribunal?
If you have a grievance with your employer about your rights at work, you can bring an employment tribunal claim. However, it's generally better to try to resolve your grievance through negotiation or mediation first.
The time limit for making a claim is quite short (usually three months) and you normally have to wait 28 days after notifying your employer of your grievance before going to the tribunal.
You will probably be offered conciliation (a type of mediation) by Acas (the Advisory, Conciliation and Arbitration Service).
When is an employment tribunal not suitable?
You may not be able to make a tribunal claim if your grievance is not about a legal right but rather a decision by your employer that you are unhappy with. Similarly, you probably won't be able to claim if the dispute is about an alleged breach of contract by an employer you are still working for (though some contract claims can be made in other ways).
How can a solicitor help?
Most employers use a solicitor to respond to tribunal claims. You can bring an employment tribunal claim yourself, but employment law is complex and tribunal deadlines are short, and so many people appoint a solicitor to assist them through the process.
A solicitor can provide guidance about the options for trying to resolve a dispute, and the rules and deadlines for notifying employers about a grievance and making an employment tribunal claim. A solicitor can also advise you how likely a claim is to succeed, and about the possible outcomes, including some indication of the amount of any compensation. Your solicitor will also be able advise you about challenging an employment tribunal's decision.
Is there any cost associated with employment tribunals?
There is no fee for the tribunal itself.
If you instruct a solicitor, he or she must explain to you at the outset how the firm charges and the likely cost of dealing with your issue. Your solicitor will also discuss options for funding your legal costs, since you normally have to pay for these whether or not you win your case, although you are unlikely to have to pay the other party's legal costs as well.
Is the tribunal's decision final?
There is normally no appeal against an employment tribunal's decision on the facts of the matter, but you may be able to apply to the tribunal to review its decision, or appeal to the Employment Appeal Tribunal on a point of law. Your solicitor will be able to discuss the options open to you at this stage.