Making a claim to Employment Tribunal

A claim to an Employment Tribunal can be made where employment rights have been breached.

 

An Employment Tribunal can award compensation or make other orders relating to employment rights. The orders that can be made will depend on the type of claim being made.

Before starting a claim

From 6 May 2014 claims made to employment tribunals will need to notify ACAS and work through a process called Early Conciliation. This process is aimed at helping the parties resolve their cases without needing to go to tribunal.

 

The process will take about 4 weeks but can finish earlier if the parties cannot agree or be extended by a further 2 weeks if there is the possibility of agreeing a settlement.

 

At the end of the process ACAS will issue a certificate confirming the process has been used but has not resulted in settlement. This certificate number will then need to be quoted on the Employment Tribunal application form.

 

More information on Early Conciliation

Starting a claim

A claim to an Employment Tribunal is made on an ET1 Form.

 

This form is compulsory and all the relevant information must be completed to start the claim

 

You can obtain a copy of the form here:

 

http://www.justice.gov.uk/downloads/forms/tribunals/employment/ET1.pdf

 

This link also allows you to submit the form to the Employment Tribunal.

 

Since 29 July 2103 a fee needs to be paid when submitting an application. 

 

More information on employment tribunal fees

After you start your claim

When your claim is received by the Employment Tribunal it will send a copy to your employer.

 

Your employer will then have 28 days to put in a response on an ET3 form. This will explain why and how your employer disputes your claim.

 

More information on receiving the ET3

 

When the ET3 form is received the tribunal will issue futher instructions on the conduct of the case as 'directions'. These directions will require you and your employer to exchange documents, witness statements any other relevant evidence on a strict timetable.

 

More information on directions and tribunal case management

 

The tribunal will also set a hearing date on which it will consider the claim and make it's decision.

 

More information on the Employment Tribunal hearing

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