Tribunals - What you need to know
When should I make a claim?
If you think that someone – such as your employer, a potential employer or a trade union – has treated you unlawfully, you are intitled to make a claim to an employment tribunal. Unlawful treatment includes unfair dismissal, discrimination or unfair deductions from your pay.
It is important to note that a claim must be made to the tribunal within 3 months of your employment ending or the problem occurring.
What should I do before I make a claim?
You will need to inform the Advisory, Conciliation and Arbitration Service (ACAS) that you intend to make a claim to the tribunal. This is important as ACAS’ free Early Conciliation Service will offer both yourself and the responded an opportunity to come to an agreement without having to go to tribunal. However, if an agreement is not possible, you will have at least one month to make your claim to the tribunal.
How do I make a claim?
You can make a claim to the employment tribunal online, by post, or through using a talk-through service if you’re unable to use a computer competently.
Can I receive help when making my claim?
If you have any questions, there are people you can contact for help.
What to expect once I’ve made my claim?
To get a better understanding of the Tribunal process, please click here.
How will Covid-19 affect the tribunal process?
Due to the coronavirus outbreak, your hearing may be postponed or take place via telephone or video call. If your hearing date has already been set, the court will contact you and tell you how it will take place.
Can I ask for documents to help my case?
You are intitled to ask the respondent for documents that you believe will help with your case. They can also request documents from you too. Usually, the tribunal will provide a timetable for the exchange of documents. Examples of said documents include a contract of employment, pay slips, details of your pension scheme or notes from relevant meetings you attended at work.
What can I do if I lose my case?
You can contact the tribunal and ask them to reconsider their judgement. You must write to the tribunal office that dealt with your case within 14 days of receiving a decision.
What happens if I win but the respondent does not pay?
If you win your case, the tribunal can order the losing party to do certain things depending on the type of case it is - this can include you receiving compensation. However, if you do not receive said payment, you can contact the losing party to find out why. If they still do not pay, you can ask to have them fined. You can also ask the court to force them to pay.
It is important to acknowledge that you are unable to do this if the respondent has appealed the decision or is about to do so (they have 42 days to appeal).