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
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 …
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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 …
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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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