Workplace Report April 2011

Law - Tribunal procedures

Employment tribunals — the basic legal rules

Most tribunal claims must be lodged within a strict three month deadline. Although tribunals have the power to extend time within the rules, an extremely strict approach is taken to time limits, and extensions of time are rarely granted.

Tribunals must demonstrate an absence of bias in hearing the claim, and give individuals the right to present their case, including calling witnesses to support their position where appropriate.

As a general rule, each party to employment tribunal proceedings pays their own costs. However, a tribunal may order a party to pay some or all of the other side’s costs where a party engages in “vexatious, abusive, disruptive or otherwise unreasonable conduct” or brings a case that is “misconceived”.