Employment tribunals – the basic legal rules

Most tribunal claims must be lodged within three months of the matter being complained of. Tribunals can extend the time limit in unfair dismissal claims if it was not reasonably practicable to submit the claim in time, or in discrimination claims, if it is just and equitable to do so.

Under statutory dispute resolution procedures introduced in 2004, employees must, for almost all types of claim, submit a written grievance to their employer and wait 28 days before their claim can be accepted by a tribunal. The procedures were abolished on 6 April 2009, but have some transitory application.

Tribunals must demonstrate an absence of bias in hearing the claim, and give individuals the right to present their case. Additionally:

• a tribunal can hold a pre-hearing review to decide whether there is the basis for a case, and can order the claimant to pay a deposit if s/he wants to proceed with a very weak case;

• both sides can call a witness to support their position; and

• a tribunal can make an award of costs against either party, under which it is required to pay some or all of the other side’s costs, for vexatious, abusive, disruptive or otherwise unreasonable conduct or for bringing a case which is misconceived.