Claims for discrimination and other claims generally follow a set process in the employment tribunal.
Averist will take full instructions, assess the evidence, interview witnesses and draft all required documents on our client's behalf.
We will negotiate throughout with ACAS, the employee or their representative to try to resolve the claim. We will also prepare the witnesses and act for you at the hearing.
But what does the employment tribunal process actually entail?
Here, we hope to map out the process and dispel any confusion that might arise over tribunals…
1. You will receive the claim form (ET1) which sets out the basis of the employee's (claimant) claim. Along with the ET1, the employment tribunal will order you attend a pre-hearing review so that the legal issues in the case can be identified.
2. At this hearing the Judge will also make orders that certain steps will need to be taken by specified dates. This is to ensure the case is ready to be heard at the final hearing. The actual date of the hearing should be provided, and if the case is relatively straight forward it can be listed for two full days. Depending on the complexity of the case, the hearing can be listed for longer. A panel of three, these being a Judge and two lay members will hear the case. If the orders are not complied with, you run the risk of having your defense struck out and/or pay costs.
2. You (respondent) will have 28 days to file a defense (ET3). It is essential that the defense sets out why the dismissal was fair.
3. All disclosable documentary evidence will need to be identified and exchanged by a given date. Disclosure is a very important part in any legal case. Unnecessary or missed documentation can attract criticism or adverse inferences from the tribunal. The tribunal will give a deadline by which both sides must agree which relevant documents will be used at the hearing, and the employer will be expected to compile and provide the bundles.
4. Both parties will need to draft and exchange written witness statements. The tribunal require that the statements are drafted in accordance with a particular format. The number of witnesses that will need to give evidence in discrimination claims again will vary depending on how complex the case is.
5. The witnesses will need to attend the hearing in person, although their written statements will be taken as read by the tribunal. The witnesses will then be cross-examined by the claimant/their legal representative and the employment tribunal panel, and it is essential that the witnesses are prepared for this. Once all evidence has been considered by the panel, a decision will be made, this will be either on the day or at a later date. It is possible to appeal decisions in limited circumstances.
6. The panel do not know either party before the hearing and so they will simply decide the case based on the evidence before them. Whether a case is won or lost will essentially hinge on the quality of the evidence that is put before the employment tribunal.
If you are an employer facing an employment tribunal, get in touch with the Averist team to make sure you can be as fully prepared for the process as possible.
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