Retail Motor Law

Employment Tribunals Factsheet PDF E-mail

EMPLOYMENT TRIBUNALS

 This factsheet gives introductory guidance on the role of an employment tribunal; how a claim is made and progressed and an overview of compromise agreements. However RML members should seek advice immediately if they receive a tribunal claim. 

 1. The role of employment tribunals


Employment tribunals are designed to deal with claims that may be brought against employers by employees relating to their employment or its termination.

Although the employment relationship is in large part governed by the law of contract, meaning that some disputes can be dealt with by the ordinary civil courts (usually the County Court in England and Wales), the majority of employment rights are contained in statute law and can only be enforced by employment tribunals. Examples are:
  • unfair dismissal claims
  • discrimination claims (race, sex, disability, religion or belief; sexual orientation, age)
  • equal pay claims
  • claims relating to deductions from wages.

Employers and employees may attempt to resolve a dispute:

 
  • between themselves directly
  • by using the pre-claim conciliation service, or
  • by the use of a private mediator or arbitrator.
Once employment tribunal proceedings commence, employers may wish to settle the matter without going through a full hearing, and two avenues are available to 'compromise' claims in this way:
  • through a compromise agreement
  • through an agreement achieved through Acas conciliation (a 'COT3')
2. Compromise Agreements

Compromise agreements have the following key features:
  • They can only settle certain specific claims.
  • They must be in writing and refer to particular proceedings
  • They are drawn up by the parties concerned.
  • The employee must take legal advice on the contents of the agreement from a solicitor or qualified independent adviser with appropriate insurance cover.
  • The adviser must certify in writing that advice has been taken by the employee.

The key benefits that are perceived by employers  are that employment may be terminated without following time-consuming procedures, and ensuring, through a confidentiality clause, that the dispute between the employer and employee does not become public.  Beware this comes at a price and appropriate compensation must be paid to the employee.

In addition there have been numerous cases where former employees have challenged the validity of compromise agreements, meaning that each agreement must be carefully drafted. 

 3. The role of the statutory dispute resolution procedures


In October 2004, the government introduced statutory procedures with the aim of reducing employment tribunal claims by attempting to ensure that employment disputes were, where possible, dealt with by employers and employees themselves through internal procedures in the workplace. However with the Employment Act 2008, these procedures have now been repealed wiith effect from 6 April 2009.

Please click here for our factsheet on the new Disciplinary and Grievance and Dismissal procedures

 

 4. Time limits


In general, an employee must submit their claim to a tribunal within three months of the date of termination of employment, or the act (for example, harassment) complained of. Certain claims, such as for a redundancy payment, have a six month time limit.

5. Starting and responding to a claim

 To start a claim, an employee (who is known as the 'claimant') must take the following steps:
  • Check that they are within the strict time limits for bringing a claim.
  • Check that they have followed the Acas Code of Practice on discipline and grievance procedures.
  • If the claim refers to a dismissal, ensure that they have exercised the right of appeal. 
  • If the claim relates to any other matter, submit a written grievance to the employer (or former employer) and give the employer 28 days to deal with it.
  • Complete a Form ET1 and submit it to the employment tribunal. 
Upon receipt of the ET1, the tribunal:
  • logs the claim
  • sends a copy to Acas
  • sends a copy to the employer (known as the 'respondent'), along with a form for the employer to respond to the claim (Form ET3).

The respondent then has 28 days to complete and return the ET3 to the tribunal.

 

It is very important that employers deal with any ET3 forms as a matter of priority contact RML to for  legal advice.. If the respondent does not return the claim form in time, it is likely to not be permitted to defend the claim. And although the respondent can apply to the tribunal for an extension of time, there is no guarantee that this will be granted.

 

 6. The role of Acas


Acas, the independent conciliation service, is required by law to 'conciliate' in employment disputes presented to employment tribunals. Acas also conciliates once claims have been started: the Acas officer contacts both parties in the dispute and explores whether the claim could be settled without proceeding to a full tribunal hearing. 

If the parties reach an agreement, the claimant may withdraw the claim from the tribunal.

 

 7. The tribunal hearing


All matters that are accepted by the tribunal, but are not settled or withdrawn, are brought before the tribunal at a formal hearing.

An employment tribunal comprises three people (called 'members'). There is a legally-qualified Chairman or Employment Judge, who might be employed full-time or on an occasional basis. There are also two 'lay' or 'wing' members who are not usually legally-qualified but who are likely to have relevant experience for example, as an HR professional or a trade unionist.

Both sides in the dispute present their cases and have the opportunity to bring witnesses along, and to cross-examine witnesses brought by the other party.

8. Outcomes

 After hearing all the evidence, the tribunal usually adjourns for a short period for the Chairman or Employment Judge and the lay members to discuss the case. When the tribunal reaches a decision (called a 'judgment'), it is almost always the decision of the tribunal as a whole.

Depending on the type of claim, the tribunal can award:
  • reinstatement
  • re-engagement
  • compensation
  • payment of wages or monies due to the employee. .

9. Recent Changes


With the statutory procedures abolished (on 6 April 2009) the revised Acas Code of Practice on Discipline and Grievance must be followed or the tribunal will be able to adjust any awards up or down between 0 and 25 per cent. 

Click here to download the ACAS Code of Practice on Grievance and Discipline.

 

Alternatively email This e-mail address is being protected from spambots. You need JavaScript enabled to view it   for more information.  
 
You are here  : Home

Trade News

RML Debate latest

Businesses urged to take proper precautions af...
Businesses are being urged to take proper precautions when their staff work at height after a West Yorkshire worker sustained serious back injurie...
Consumers prefer independent repair shops
According to the June 2010 issue of Consumer Reports, more Americans are very satisfied with independent repair shops (74%) for vehicle repairs th...
More...

Frequently Asked Questions

RML Most Read