Employment tribunals — the basic legal rules

Most tribunal claims must be lodged within three months of the matter 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. However, a very 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. 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 witnesses 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.