Employment Tribunal claims

Provided that you take every step to ensure you comply with your obligations towards your employees under employment legislation you should and would want to avoid any tribunal proceedings to be brought against you. However, in reality this may be difficult to avoid despite your efforts, as there are only a few obstacles employees need to avoid to issue a claim against you - although this does not mean you wont be able to successfully defend any claim as Respondent, but it does create difficulties for your business in terms of time, resources and potential effect on existing employees.

In the Hearing

The Tribunal Panel will hear the evidence and decide on the case. The Panel is made up of: -

  • One legally qualified chairman
  • Two lay members - one with an employer background and one with an employee background.

Everyone who gives evidence to the Tribunal has to swear an oath or affirm to the tribunal that the evidence that they are going to give is true. Witnesses give their evidence seated at a table in front of the Panel and in-between the Claimant's and the Respondent's table. Witnesses should address the chairman and Panel members as 'Sir/Madam'.

The Proceedings

Generally the order of proceedings is as follows (using an unfair dismissal case as an example):-

  • Respondent gives evidence and is questioned by their own representative;
  • Respondent is cross-examined by the other side's representative;
  • Respondent is re-examined by their own advisor (if considered necessary);
  • Respondent is asked questions by the Panel;
  • In the same manner the Respondent's witnesses give evidence, are cross examined (and re-examined if required) and asked questions by the Panel;
  • The above steps are followed in respect of the Claimant and the Claimant's witnesses;
  • Submissions are made by the parties representatives (summarising the evidence and each party's case);
  • The Panel make their judgment

Costs and Appeals

Generally, each side will pay their own costs but in certain limited circumstances, the Tribunal may order one side to pay costs to the other (e.g. where one of the side's has brought or conducted their case unreasonably).

Appeals to the Employment Appeal Tribunal are possible in limited circumstances (e.g. on points of law only - where it is believed the Tribunal has made an error as to the law as opposed to the facts of the case).