The first question many clients ask is how much will it cost to go to Employment Tribunal?
Your first advice is always free. Either call us anytime for free on 08000 614 631, in confidence and without any obligation or use this form to get in touch.
How long do I have to start my claim?
Not long. In most claims, the start of the Employment Tribunal process must commence within 3 months (less one day), from the date your employment ended.
There are some exceptions including discrimination claims or complaints relating to unpaid wages or holiday pay, when the 3 month limit will start to run from the date of the act you are complaining of.
You can find a full list of how long you have before the legal process starts here.
How do I start the claim process?
Talk to us first. Call us today on 08000 614 631 for free, in confidence and without any obligation to give yourself the best chance of success.
In nearly every case, the Acas Early Conciliation process is mandatory before starting your claim in the Employment Tribunal , and you will usually only have 3 months (less one day) to have started the process correctly.
The limitation ‘clock’ is then paused during the conciliation period and if there isn’t a settlement, a certificate is issued and the limitation ‘clock’ starts to run again.
If the process wasn’t started correctly and you miss the Acas deadline, you will not be able to issue your Tribunal claim. Although you can make an application to the Employment Tribunal to present your claim out of time, there are very few exceptions where this will be granted, and you are therefore likely to be time barred.
You can find out more about our guaranteed fixed fee Acas Early Conciliation service here.
I am ready to issue my claim. What next?
You will need a solicitor who has the experience and expertise to identify all your claims. We can do this for you to make sure all your claims are covered and that it gets off to the best possible start.
Your claim must be filed with the Employment Tribunal on a specific form called an ET1 along with some detailed Particulars of Claim, which together, set out in full the factual allegations and legal complaint.
The Employment Tribunal will review the ET1 and assuming the claim is accepted, will then send the claim to your employer (who is referred to as ‘the Respondent’). Your employer then has 28 days in which to submit their defence (called ‘Grounds of Resistance’) using a form called an ET3.
How long will my case take?
Some claims take just a couple of months. The most complicated cases involving discrimination, medical evidence or where there are allegations of whistleblowing can take more than six months to reach a final hearing.
The Employment Tribunal will give some directions for the parties to follow so that the case can proceed. This will include when you must serve your Schedule of Loss – a document setting out how you have calculated your damages – as well as when evidence is disclosed, and written witness statements exchanged.
If your case involves an allegation of discrimination or appears complex, the Employment Tribunal will often hold a preliminary hearing to decide if there are any other matters to be resolved such as medical evidence. We will deal with the hearing and represent you throughout.
You and your employer will be given notice of the final hearing when the Employment Tribunal will decide on the merits of your case. Itcan only be changed if there is a good reason to do so, e.g. on medical grounds or the unavailability of a relevant witness.
At the final hearing, you will usually be called to give your evidence first and call your witnesses, who will then be cross examined by your employer. It is then your employer’s turn to give evidence.
The judgment is usually given after the parties have summed up their cases and on the same day as the hearing finishes. In more complex cases, the judgment is reserved and it may be days or weeks until the parties find out the result.
We will always look to get you the best settlement as an alternative to completing the process.
What do I do now?
This is where we come in. Employment law is all we do.
It can often feel like your employer holds all the power. They will likely have experienced HR professionals or a solicitor and barrister. That’s why you need the best support and advice available. You need a specialist employment lawyer – one who will push for the best outcome for you.
We understand how it feels. We have helped hundreds of employees and because we act for businesses too, we know the tactics you’re likely to face from your employer. We know all the tricks in the book.
You only have a limited amount of time to take action to preserve your employment rights – usually just three months (less one day) from the date your employment ends.
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