Employment Tribunal

employment tribunal solicitors

Employment Tribunal solicitors

Employment tribunals are in effect employment courts. Don’t be misled by the term tribunal. They are courts.

Most of the claims that employees and employment solicitors can bring against employers can only be lodged at an employment tribunal and in no other court. The claims include issues such as unfair dismissal, redundancy and discrimination. There are also many other sorts of claim that can be brought.

It is very important to note that claims have to be lodged at the employment tribunal within three months of the wrong doing complained of by the employee. Most claims have to be submitted to the Arbitration and Conciliation Advisory Service (Acas) for early conciliation first, before lodging at an employment tribunal.

The deadline for lodging the claim is extended by the amount of time Acas takes to deal it. However, the deadline is strictly enforced and in one case the claim was thrown out for being a mere eight-seconds late – Miller v Community Links Trust Ltd 2007.

The same applies to employers lodging their defence to a claim by an employee. The defence, called the response, must be lodged within 28 days of the claim being sent to the employer. Otherwise, the employer loses by default. Whether claiming or defending, it is vital that it is done early.

If Acas’ conciliation fails, and a case meets the conditions to make a claim, an employee must then decide whether to make a claim. An employment lawyer is in the best position to assess how strong the claim is. If a claim is being made then there is no need to pay a fee to the employment tribunal.

News stories related to employment tribunal

Executive faced a ruined career after botched sacking

An advanced mental health practitioner was recently awarded over £60,000 after he was sacked without a fair process. An employment tribunal found that York Council wrongly and unfairly dismissed Mr A Gormley, a senior employee with a 22-year work service. Following a disciplinary investigation into allegations of sexist comments in March 2023, and an appeal, …

There’s no place like home…except the office

A senior manager lost a tribunal case when her employer refused to let her permanently work from home. In giving judgment, Employment Judge Richter backed the need for top executives to work in the office, although the judge expected other work-from-home disputes in the future. Earning £140,000 from the Financial Conduct Authority (FCA), Elizabeth Wilson …

Top analyst sacked for not eating his wife’s lunch

An employment tribunal backed a global bank in sacking a senior executive after fiddling expenses for a meal. Citibank sacked senior analyst Szabolcs Fekete in December 2022 after he claimed for a pasta meal, sandwiches, and drinks for him and his partner, during a two-day business trip to Amsterdam. After Mr Fekete lodged claims against …

Sweary BBC presenter sacked for misconduct, not depression

A radio DJ who claimed that the BBC sacked him because of his mental health issues has lost his employment tribunal case. James Hazell was found to have been dismissed fairly by BBC Radio Suffolk for misconduct including sexual comments to female colleagues, and threatening and abusive language. Mr. Hazell had claimed that he was …

Disciplining Gary Lineker – was the employer right?

On March 9, the BBC suspended a top sports presenter, Gary Lineker, because of a tweet criticising government policy. In a row about BBC political impartiality, director general, Tim Davie, removed Gary Lineker from presenting Match of the Day. He had to reverse that decision. So, was the BBC ever entitled to take serious disciplinary …

Judges outlaw paying fees for employment cases

Requiring women to pay a fee for taking a discrimination case to an employment tribunal breaches the Equality Act, the Supreme Court has ruled. This was one reason the Supreme Court upheld an appeal by the union, Unison, against government policy that charged workers fees to lodge a claim at an employment tribunal. The result …

Tribunal cases surge

The number of employment cases has rocketed by 39% since tribunal fees were scrapped last year. The government’s Advisory, Conciliation and Arbitration Service (Acas) reports that claims made to them as the first step to an employment tribunal have increased from 1700 to 2200 a week since last July. Its annual report for the year …

Jaw-jaw before war-war

New legislation compels people in a workplace dispute to talk before going into legal battle in a court. Whether they like it or not, both employers and employees must go into mediation before the employee can lodge an employment tribunal claim. The mediation, officially known as Early Conciliation, is conducted by ACAS under new powers …

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