LRD Booklets March 2019

Employment tribunals - a guide for union reps and workers

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Introduction

Introduction
 [pages 3-6] (1,477 words)

For trade unions and their members, bringing a claim in an employment tribunal is a last resort when a negotiated agreement has failed. The benefits ...
Open access

Chapter 1

1. Deciding whether to bring a claim
 [ch 1: page 7] (230 words)

Since the abolition of tribunal fees in July 2017 (see page 4) it is free to issue a claim in the employment tribunal (although there are some costs ...
Subscribers only

What is the right you are seeking to enforce?
 [ch 1: pages 7-8] (586 words)

Does the case law support your claim?
 [ch 1: pages 9-10] (702 words)

Contractual claims
 [ch 1: pages 10-11] (204 words)

Illegal contracts
 [ch 1: pages 11-12] (689 words)

Employees working outside Great Britain



 [ch 1: page 12] (58 words)

Calculating the value of the claim
 [ch 1: page 12] (57 words)

Basic and compensatory awards
 [ch 1: pages 12-13] (308 words)

Injury to feelings 
 [ch 1: pages 13-14] (284 words)

Uplifts
 [ch 1: page 14] (167 words)

Chapter 2

2. Settlements
 [ch 2: pages 15-16] (668 words)

An employment dispute can be settled at any time — before a tribunal claim is even contemplated, or after a claim is issued and right up to the ...
Subscribers only

Without prejudice discussions



 [ch 2: page 16] (136 words)

‘Protected conversations’
 

 [ch 2: pages 16-17] (396 words)

Acas Code of Practice
 [ch 2: pages 17-18] (260 words)

Improper behaviour 



 [ch 2: page 18] (182 words)

Mediation



 [ch 2: page 18] (92 words)

Chapter 3

3. Time limits
 [ch 3: page 19] (252 words)

Time limits for bringing a claim in the employment tribunal are short and strictly enforced. In most cases the time limit is three months from the ...
Subscribers only

Calculating time
 [ch 3: page 19] (104 words)

Extension of time
 [ch 3: page 20] (358 words)

Chapter 4

4. Issuing the claim
 [ch 4: page 21] (301 words)

Once the decision is made to proceed with a claim there are specific legal rules that need to be followed and which apply to all employment tribunal ...
Subscribers only

Acas Early Conciliation 



 [ch 4: pages 21-22] (301 words)

The Early Conciliation process
 [ch 4: pages 22-24] (837 words)

Tribunal time limits and Acas Early Conciliation 



 [ch 4: page 24] (370 words)

The Claim Form (ET1) 



 [ch 4: pages 24-26] (701 words)

What happens to the ET1 claim form? 



 [ch 4: page 26] (245 words)

Making changes (amendments) to the claim
 [ch 4: page 27] (111 words)

Initial consideration 



 [ch 4: page 27] (85 words)

Default judgment 

 [ch 4: page 27] (43 words)

Chapter 5

5. Evidence
 [ch 5: page 28] (172 words)

It is essential that time is spent preparing evidence for the hearing. The facts and/or how the law applies to the claimant are in dispute and you ...
Subscribers only

Burden of proof
 [ch 5: pages 28-29] (360 words)

Standard of proof
 [ch 5: page 29] (81 words)

Preparing statements
 [ch 5: page 29] (189 words)

Expert evidence
 [ch 5: page 30] (70 words)

Medical evidence
 [ch 5: page 30] (95 words)

Mitigation of loss
 [ch 5: page 30] (56 words)

Schedule of loss
 [ch 5: page 30] (70 words)

Admissibility of covert recordings
 [ch 5: page 30] (133 words)

Chapter 6

6. The proceedings
 [ch 6: page 31] (50 words)

Once the claim has been issued and the employer’s response (Form ET3) received, the case will proceed in line with the Rules of Procedure (see page ...
Subscribers only

Case management 



 [ch 6: page 31] (318 words)

Exchange of documents 



 [ch 6: pages 32-33] (790 words)

Schedule of loss



 [ch 6: page 33] (148 words)

Witness statements



 [ch 6: page 34] (407 words)

Chronology



 [ch 6: page 34] (47 words)

Fixing a date for the hearing 



 [ch 6: page 35] (70 words)

Postponement requests 



 [ch 6: page 35] (219 words)

Judicial Assessment


 [ch 6: page 35] (98 words)

Preliminary hearings 



 [ch 6: pages 35-36] (232 words)

Striking out
 [ch 6: page 36] (154 words)

Unless orders
 [ch 6: page 36] (89 words)

Deposit order
 [ch 6: page 37] (270 words)

Privacy and restricted disclosure orders
 [ch 6: page 37] (128 words)

The main hearing 



 [ch 6: pages 37-38] (417 words)

What to expect
 [ch 6: pages 38-39] (391 words)

Judgment 



 [ch 6: page 39] (127 words)

Costs orders
 [ch 6: pages 39-41] (781 words)

Enforcing tribunal awards and costs orders 



 [ch 6: pages 41-42] (281 words)

Financial penalties for ‘aggravated breach’ 



 [ch 6: page 42] (119 words)

Appealing the decision 



 [ch 6: pages 42-43] (265 words)

Further information

Further information
 [pages 44-45] (343 words)

Most trade unions offer support to members wanting to bring a claim in the employment tribunal, so long as they meet eligibility criteria, typically ...
Subscribers only

Appendices

Appendix: Employment legislation
 [pages 46-47] (502 words)

Below is a list of the main employment legislation over which employment tribunals have jurisdiction, and the key rights they confer. 
 ...
Subscribers only