Employment Tribunals

This note explains the process of presenting an employment tribunal claim. It considers how a claim form (ET1) is dealt with when it is received by a tribunal, what steps will be taken if the claim is accepted and those that will be taken if it is rejected. It also considers the effect of presenting a claim on the service of questionnaires in discrimination claims.

This note considers how to present a claim form (ET1), response form (ET3), or other documents to the tribunal by post, fax, e-mail, online or personal delivery and the potential problems associated with each.

If a respondent fails to complete its response form (ET3) correctly and/or fails to present it to the tribunal within the 28-day time limit, it may be prevented from defending a claim. This note considers the circumstances in which a tribunal may issue judgment in default against a respondent or debarr it from participating in proceedings and what action a respondent may take if either happens.

This note outlines the process of conciliating a claim through the Advisory Conciliation and Arbitration Service (Acas), an independent, impartial organisation mandated to liaise with both parties to an employment claim with regard to possible settlement. Acas can facilitate an outcome that cannot be ordered by the employment tribunal (such as the provision of an agreed reference or apology).

This note considers some of the case management issues that the parties and the tribunal might need to consider in order to prepare a case for the full hearing. They include identifying the correct parties to proceedings, clarification of the issues in dispute, disclosure, witness evidence and restricting publicity, including the use of restricted reporting orders (RROs). 

A tribunal might strike out a claim (ET1) or response (ET3) at either a pre-hearing review (PHR) or a full hearing, or for non-compliance with an unless order. This note considers the grounds on which a claim or response can be struck out. It also considers steps that can be taken to obtain a restriction of proceedings order against a vexatious litigant and in the conduct of proceedings involving a claimant who appears to lack mental capacity. For further information on PHRs, including the procedure for calling and conducting a PHR, see Practice note, Employment tribunals (10): pre-hearing reviews and deposit orders .

As part of case management, the tribunal is likely to order the parties to prepare and exchange witness statements and to agree the content and production of hearing bundles for use at the full hearing. This note considers the preparation and exchange of witness statements, the use of witness orders, the preparation of hearing bundles and other documents to assist the tribunal at the hearing, including a list of issues, chronology and "Scott" schedule.

This note explains how an employment tribunal gives its judgment and reasons, and how it deals with remedy.  The note also sets out the different methods of enforcing an unpaid tribunal award or an Acas settlement, including execution against goods, the Acas and employment tribunal fast track system, third party debt orders, attachment of earnings and charging orders.

Once a party has received an employment tribunal's decision, it may want to apply for the tribunal to review the decision. This note considers the review and appeal of tribunal decisions, the grounds on which either a party may apply for, or a tribunal or employment judge may of their own initiative undertake, a review of a decision. It sets out the procedure for making a review application, the procedure at a review hearing and also considers the use of the "slip rule" to correct minor errors.

A note on the implications of the Enterprise and Regulatory Reform Act 2013 for employment lawyers. The note sets out and provides commentary on the provisions under the Act, as well as the dates when those provisions are due to come into force.

This practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Regulation Authority Code of Conduct 2011 (SRA Code 2011) and other legal requirements, and provides suggestions for how the best information on costs can be provided to a client retaining a solicitor for dispute resolution, at the outset and throughout the retainer. This note covers the requirements of the SRA Code 2011 (in force from 6 October 2011). For details of the previous applicable codes, see the old versions of this note, Practice notes, Informing the client about costs: at outset of retainer and beyond: July 2007 to 5 October 2011 and Informing the client about costs: at outset of retainer and beyond: pre 2007.

This note provides an overview of the conduct of proceedings before the Fair Employment Tribunal and the Industrial Tribunals in Northern Ireland.

A note explaining how non-solicitors can instruct a barrister directly under the Licensed Access and Public Access schemes.