Action before making a claim to Employment Tribunal

Before making a claim to an Employment Tribunal you should try to resolve the problem by using the internal appeal or grievance procedures that your employer operates.  This is for two reasons:

 

Firstly, it may resolve the problem much more quickly and cheaply than by taking Employment Tribunal proceedings.

 

Secondly, if you start a claim without having tried to use the procedures you may face reductions in compensation at the final hearing of your case.

The procedures that need to be followed are often set out in the policies of the employer.  Where they are get hold of a copy and make sure that you follow the relevant procedure.


The minimum process is broadly:

  • a written notification setting out the grievance or the disciplinary issue
  • a hearing to discuss the issue that has been raised, consider any relevant evidence  and decide on the outcome
  • notification of the outcome
  • an appeal against the decision

The minimum process is set out in more detail in the ACAS Code of Practice on disciplinary and grievance procedures which you can access from the link below.

ACAS Early conciliation

From 6 May 2014 it is also a requirement for all Employment Tribunal claims to pass through the ACAS Early Conciliation process:


Further information on ACAS Early Conciliation

 

ACAS Code of Practice on disciplinary and grievance procedures
This document sets out the minimum procedures that should be applied in dealing with disciplinary or grievance procedure in the workplace.

The Code of Practice has statutory force both in judging the fairness of a dismissal and, where it is breached, the adjustments to compensation that might be made by an Employment Tribunal.
ACAS Code of Practice on discipline and
Adobe Acrobat Document 1.6 MB

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Zero increases by 26%

The Office for National Statistics has released new figures that show nearly 700,000 people work on zero hours contracts - up 26% from last year.  The problems caused by these contracts will require a significant change in the law.

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