REWARD
Want to know more about the tribunal claims process? Danny Done, managing director of Portfolio Payroll, guides us through the different stages of the tribunal claims process
E mployment tribunals (ETs) cover a vast range of employment- related issues, with the ability to hear and decide on more than 80 statutory claims, including unfair dismissal, discrimination and breach of contract. Their main responsibility is to assess whether an employee’s rights were breached by their employer and, if so, to provide a reasonable remedy for this. The remedy in such situations may involve re-engagement following unfair
return an ET3 form. This is their response to the allegations and should outline their defence to the claimant’s issues. Employers have 28 days to submit their response to the tribunal. Failure to do so could lead to a ruling being made without their input. As such, it’s imperative the tribunal’s strict timescales are adhered to. An employment judge will then assess the employee’s ET1 claim form and the employer’s ET3 response form before deciding on next steps. The judge may ask further questions and can dismiss all, or part, of any claim or response. A claim or response can be struck out at any time if it’s believed to be vexatious or has no reasonable prospect of success. Pre-hearing If the judge allows the claim to proceed, it will send both parties a case management order. This outlines a timetable of events which should be followed to prepare for the final hearing, such as sharing witness statements and other evidence documents. It will also set a date for the final hearing and decide how many days it will last for. A judge may also request a preliminary hearing is held if they feel it’s necessary to consider the application of the law on an employee’s claim ahead of the final hearing. A preliminary may assess, for example, whether a person’s belief was protected as a philosophical belief under the Equality Act, or if they met the definition to be classed as having a disability. The final tribunal hearing An ET consists of an employment judge sitting alone or a full panel of three judges. During the main hearing, both parties will have equal opportunity to put forward their information, argument and evidence. Witnesses who are providing evidence
must do so under oath and will be cross- examined by the opposite party. Once this is complete, the judge(s) will consider everything they have heard and assess this in line with the wording of the relevant employment legislation, before reaching a decision. Their judgment will be confirmed in writing and posted as public record for all to see. In doing so, they will provide written reasons for their decision. In some cases, a judgment may take only a few days. In others, it could take weeks or even months before a final decision is communicated to the parties. If the tribunal upholds the employee’s claim, there may be a further hearing to determine the appropriate remedy. Appealing a tribunal decision Either party may be able to appeal an ET’s decision if they feel the law was incorrectly applied to their case. Appellants must be able to show this to lodge their appeal; they’re not able to simply request an appeal because they’re unhappy with the decision. An appeal should be submitted to the employment appeal tribunal (EAT). In rare cases, parties may be able to appeal further to the Court of Appeal (or Court of Session in Scotland), then the UK Supreme Court (UKSC), if they believe the law continues to be applied incorrectly. The UKSC is the highest a case can go, and their decision is final. The EAT can overturn the decision of an ET. Each subsequent tier of the tribunal structure can overturn the decision of the one before it. The decisions of the EAT, Court of Appeal and UKSC are legally binding. This means employers must follow their judgments, otherwise an employee could raise a similar claim and reach the same result decided by past tribunals. n
dismissal, repayment of unlawful deductions or costly compensation
fees. The knock-on impact on company reputation and brand image following an employee’s successful tribunal claim can also be devastating. As such, it’s important to be as prepared as possible should claims arise, so employers can effectively defend against them. Early conciliation If an employee wishes to raise a tribunal claim, they must first contact the Advisory, Conciliation and Arbitration Service, and begin a process called early conciliation. Since 2014, this has been a mandatory process, as it attempts to resolve the dispute, to avoid it proceeding to a tribunal hearing. If negotiations are successful, both parties will sign a COT3 settlement agreement. However, if no agreement can be reached, or either party withdraws from the conciliation process, the claimant will be provided with a certificate (called an ET1 form) to allow them to continue with their claim. An employee will be unable to have their claim heard at a tribunal without an ET1 form. Tribunal claim The employer will be notified in writing the employee has progressed with their claim. At this point, the employer must
| Professional in Payroll, Pensions and Reward | October 2022 | Issue 84 48
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