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Tribunals - The Process

  1. Defence 
    The respondent will have time to reply to your claim in writing within 28 days of receiving your claim form. Once they have replied, the tribunal will decide whether a full hearing is needed. If the respondent does not reply, the tribunal may decide on your case without needing to hold a hearing.


  2. Assessment of Merits
    Following the submission of your claim, the tribunal will conduct an assessment of merits. This involves looking at whether you have enough evidence to prove the facts you need to prove in your case. 


  3. Tribunal Directions/Preliminary Hearing
    The tribunal will set out directions (or a preliminary hearing) in order to decide how to effectively manage the progression of your case until the final hearing. 


  4. Clarification 
    In some cases, further information about your claim or the other party’s response is needed and so this would be called for. 


  5. Schedule of Loss/Counter Schedule 
    Usually, the tribunal will ask you to set out the remedy that you are seeking (i.e. the amount of compensation you believe the tribunal to award you if you win). In addition to this, the respondent is also entitled to prepare a counter schedule which details what they think the value of your claim is. 


  6. Settlement Discussions 
    During this stage, both yourself and the other party will set out proposed terms. ACAS can assist parties in reaching a settlement if necessary. 


  7. Disclosure
    All relevant documents in the dispute should be disclosed.  


  8. Joint Hearing Bundle
    This contains all documents that the parties agree should be considered at the hearing.


  9. Preparation for Judicial Mediation 
    This includes the preparation of a position statement and a draft settlement agreement which will form the basis of discussion during mediation. This allows for clarity and efficiency. 


  10. Judicial Mediation (alternative dispute resolution)
    This is an opportunity for parties to come together to try and resolve their dispute without needing a court hearing. It is not necessary that a settlement is made, but the courts encourage parties to come together to arrange a settlement themselves if possible. However, if the dispute is still not resolved, then parties are still entitled to a hearing. 


  11. Witness Statements
    Such statements set out the evidence each party wish to put before the employment tribunal. 


  12. Exchange
    Parties will usually exchange witness statements at the same time. This is typically done via email, but alternative methods are possible.

  13. The Hearing 
    During the hearing, the tribunal will read the hearing bundle, listen to the evidence from the witnesses and decide the outcome. 


  14. Remedy Hearing
    The tribunal will decide on the appropriate award you are entitled to.

  15. Judgement, Appeal and De-Brief 
    This occurs towards the end of the hearing whereby the tribunal will officially issue a final decision. 


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