Employer Advice Employment Tribunal

When a dispute occurs in the workplace an employee might make a claim to an employment tribunal. The tribunal is like a court that specialise in employment disputes between the employee and employer. For example, an employee might ask an employment tribunal to consider a claim regarding unfair dismissal, redundancy payments or discrimination etc. To see a full list of jurisdictions covered by the employment tribunal service visit the tribunal claim section.

The employment tribunal service can only accept and deal with a claim within its jurisdiction, an employee can ask an employment tribunal to consider a claim for more than one jurisdiction. For example, a shop worker who refuses to work Sundays and suffers sexual harassment by a manger, and then is dismissed could claim two jurisdictions - Unfair Dismissal and Sexual Harassment. It is not uncommon for an employee to make an employment tribunal claim for more that one jurisdiction.

An unscrupulous employee might try and maximise an employment tribunal award by falsely claiming several jurisdictions, (the more mud thrown at a wall, the greater the chance it will stick mentality) the employer will need to defend the claim and provide proof it is false.

To defend a claim, you must fill out the correct form and return it to the to employment tribunal office. The form must include your full name and address; you must specify if you want to defend all or part of the claim; and the grounds on which the claim is being resisted. Your response will be sent to your employee and to Acas, the independent conciliation service.

If you do not respond correctly to the claim an employment tribunal can consider a judgement in your absence. A tribunal judgement can be made in your absence if you do not use the approved employment tribunal service form; the tribunal office does not receive your form within the specified time limit; or the response does not contain the required information.

An employer (respondent) can appeal against a default tribunal judgement, this must be done within 14 days.

Are you a business owner and need help with an employment tribunal claim? Arrange a free consultation today.

Acas recommend all employers' implement a grievance procedure for their employees. The Acas grievance procedure gives the employer and employee the chance to discuss problems or issues arising in the workplace first before the employee makes a claim to an employment tribunal.

The tribunal can increase any award by 25% if the employer does not follow the Acas grievance procedure without good reason. Also an employment tribunal can decrease any award by 25% if an employee refuses to participate in the Acas grievance procedure without good reason. It is best practice to follow the Acas grievance procedure, it can reduce employment tribunal claims by giving the employer an opportunity to understand and resolve the issue before it reaches an employment tribunal.