Employment Tribunals London

As specialist employment lawyers, we regularly attend Employment Tribunals, representing clients in London and nationwide with a high success rate. Our 20 years of knowledge and experience are key to this success. While many cases are in London, we serve clients across the country.

Below, we provide useful information about Employment Tribunals, including how they work and how to contact your nearest Tribunal. It's important to note that representing yourself in a Tribunal is not advisable due to the complexity of employment law and procedures. Self-representation can often lead to poor outcomes. Based on our experience, we outline common mistakes made by unrepresented parties and offer guidance to avoid them.

1. Legal Misunderstanding: Unrepresented parties often misinterpret the law, leading to claims or defenses that cannot succeed. If a case lacks legal merit, an Employment Tribunal may strike it out and order you to pay the opponent's legal costs. Tribunals focus on whether laws, such as the Employment Rights Act 1996 (http://www.legislation.gov.uk/ukpga/1996/18/contents) or the Equality Act 2010 (https://www.gov.uk/equality-act-2010-guidance), have been violated, not on moral judgments. Understanding these laws and recent case reports is crucial.
2. Incorrect Claims or Defenses: Without proper representation, parties often fail to make valid claims or defenses. Employment Tribunals require detailed case outlines, and once set, they are hard to change. Incorrectly framing a case weakens it significantly.
3. Inadequate Questioning: Unrepresented parties often fail to ask the right questions during case preparation and hearings. This requires legal expertise and familiarity with Tribunal procedures. Failure to properly question the opposing party can lead to parts of your case being struck out.
4. Documentation Issues: Unrepresented parties often fail to secure necessary documents from the other side. Properly obtaining and analyzing all relevant documents is crucial for a strong case. Missing documentation can greatly reduce your chances of success.
5. Improper Witness Statements: Parties without legal representation often draft unclear witness statements, making it hard for the Tribunal to understand their case. This can lead to the Tribunal misinterpreting or overlooking crucial evidence.
6. Incorrect Schedules of Loss: Unrepresented parties frequently fail to correctly draft a Schedule of Loss or Counter-Schedule of Loss, hindering their case.

The Employment Tribunal requires claimants to specify the amount claimed and provide a detailed calculation based on statutes such as the Employment Rights Act and the Equality Act, along with relevant case law.

Unrepresented claimants often make the mistake of drafting overly ambitious Schedules of Loss, claiming amounts far beyond what they are legally entitled to. This can create a negative impression with the Tribunal, potentially undermining their case. It's not uncommon for unrepresented claimants to seek hundreds of thousands or even millions of pounds while overlooking legitimate compensation they could claim.

Employers are advised to prepare a Counter-Schedule of Loss based on legal principles to minimize or avoid compensation altogether.

These examples highlight the risks of self-representation. Many unrepresented parties only realize their errors when facing the Tribunal, where they struggle to meet procedural requirements or apply correct legal principles.

We strongly recommend seeking representation from experienced employment lawyers to ensure your case is presented effectively.

For claimants facing financial challenges, check your insurance policies for legal expenses coverage, often included in home contents insurance. Free advice agencies are also listed for additional support.

Employers can benefit from joining our Employer Club, a subscription service offering cost-effective advice and representation. This proactive approach can save on expenses while ensuring high-quality legal support.

Employment Tribunals Practice and Procedure

Employment Tribunals in both London and throughout the UK adhere to standardized procedures. The process begins with the submission of an ET1 Claim form by the claimant, initiating the legal proceedings. Within 28 days of receiving the claim, the respondent (usually the employer) must file an ET3 Response, outlining their position regarding the allegations.

Across the UK, several key Employment Tribunal locations exist, including three in London: South London, Central London, and East London. These locations serve as venues where hearings are conducted to resolve disputes between employers and employees.

During a hearing, the panel consists of an Employment Judge, typically a Barrister or Solicitor, and "wing members" who represent employee and employer perspectives. For discrimination cases, three members sit on the panel to ensure a comprehensive review of the facts and legal arguments presented.

The process involves both parties presenting evidence, often in the form of witness statements and document bundles. Witness statements are either read aloud or reviewed by the Tribunal, followed by cross-examination by the opposing party. After all evidence is presented and witnesses questioned, each side has the opportunity to summarize their case before the Tribunal deliberates.

Decisions from the Tribunal can be delivered on the same day or reserved for later notification, depending on the complexity of the case and the need for further deliberation.

Employment Tribunal Time Limits

Strict time limits govern the submission of claims to Employment Tribunals. In most cases, claims must be lodged within three months from the date of dismissal or from the occurrence of the alleged discriminatory act. This timeframe is crucial and failure to submit within this period may result in the claim being dismissed.

Period of Service

To qualify for unfair dismissal claims, employees generally need to have continuous employment of at least one or two years, depending on when their employment commenced. Exceptions exist for automatically unfair dismissals, where no minimum service period is required. These include dismissals related to health and safety, pregnancy, asserting statutory rights, trade union activities, and discrimination based on various protected characteristics.

It's important for both employers and employees to understand that lack of a minimum service period does not preclude claims related to discrimination. Claims related to discrimination can be brought forward irrespective of the duration of employment and may lead to significant damages awarded by the Employment Tribunal.