LRD guides and handbook March 2019

Employment tribunals - a guide for union reps and workers

Introduction

Introduction [pages 3-6] (1,463 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] (228 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] (579 words)

Does the case law support your claim? [ch 1: pages 9-10] (697 words)

Contractual claims [ch 1: pages 10-11] (202 words)

Illegal contracts [ch 1: pages 11-12] (680 words)

Employees working outside Great Britain [ch 1: page 12] (58 words)

Calculating the value of the claim [ch 1: page 12] (56 words)

Basic and compensatory awards [ch 1: pages 12-13] (302 words)

Injury to feelings [ch 1: pages 13-14] (280 words)

Uplifts [ch 1: page 14] (165 words)

Chapter 2

2. Settlements [ch 2: pages 15-16] (661 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 ...
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Without prejudice discussions [ch 2: page 16] (135 words)

‘Protected conversations’ [ch 2: pages 16-17] (391 words)

Acas Code of Practice [ch 2: pages 17-18] (259 words)

Improper behaviour [ch 2: page 18] (180 words)

Mediation [ch 2: page 18] (92 words)

Chapter 3

3. Time limits [ch 3: page 19] (251 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 ...
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Calculating time [ch 3: page 19] (102 words)

Extension of time [ch 3: page 20] (352 words)

Chapter 4

4. Issuing the claim [ch 4: page 21] (297 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] (297 words)

The Early Conciliation process [ch 4: pages 22-24] (829 words)

Tribunal time limits and Acas Early Conciliation [ch 4: page 24] (365 words)

The Claim Form (ET1) [ch 4: pages 24-26] (688 words)

What happens to the ET1 claim form? [ch 4: page 26] (242 words)

Making changes (amendments) to the claim [ch 4: page 27] (110 words)

Initial consideration [ch 4: page 27] (84 words)

Default judgment [ch 4: page 27] (42 words)

Chapter 5

5. Evidence [ch 5: page 28] (169 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 ...
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Burden of proof [ch 5: pages 28-29] (356 words)

Standard of proof [ch 5: page 29] (80 words)

Preparing statements [ch 5: page 29] (187 words)

Expert evidence [ch 5: page 30] (69 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] (69 words)

Admissibility of covert recordings [ch 5: page 30] (130 words)

Chapter 6

6. The proceedings [ch 6: page 31] (49 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 ...
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Case management [ch 6: page 31] (314 words)

Exchange of documents [ch 6: pages 32-33] (783 words)

Schedule of loss [ch 6: page 33] (146 words)

Witness statements [ch 6: page 34] (407 words)

Chronology [ch 6: page 34] (46 words)

Fixing a date for the hearing [ch 6: page 35] (68 words)

Postponement requests [ch 6: page 35] (215 words)

Judicial Assessment [ch 6: page 35] (97 words)

Preliminary hearings [ch 6: pages 35-36] (228 words)

Striking out [ch 6: page 36] (152 words)

Unless orders [ch 6: page 36] (88 words)

Deposit order [ch 6: page 37] (269 words)

Privacy and restricted disclosure orders [ch 6: page 37] (127 words)

The main hearing [ch 6: pages 37-38] (412 words)

What to expect [ch 6: pages 38-39] (386 words)

Judgment [ch 6: page 39] (125 words)

Costs orders [ch 6: pages 39-41] (772 words)

Enforcing tribunal awards and costs orders [ch 6: pages 41-42] (279 words)

Financial penalties for ‘aggravated breach’ [ch 6: page 42] (118 words)

Appealing the decision [ch 6: pages 42-43] (261 words)

Further information

Further information [pages 44-45] (336 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 ...
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Appendices

Appendix: Employment legislation [pages 46-47] (483 words)

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