Defending a Tribunal
If you received notification from the Advisory, Conciliation and Arbitration Service (ACAS) that a claim has been made by an employee then you must act quickly to avoid further legal action. It is sensible to mediate first with ACAS to establish the claim against you. If mediation breaks down and a claim is submitted to an employment tribunal then the tribunal which is independent of government will send you a formal copy of an ET1 claim form issued by your employee which should set out the case against you. You will then have the right of reply as a named Respondent. Any Response will need to be sent to the tribunal usually within 28 days of receipt of the ET1 and this should include an ET3 response. Thereafter, the tribunal will list the case for a Preliminary Hearing where case management issues and directions will be clarified. The tribunal will also list the case for a final hearing where a Judge or panel made up of a lay members and a Judge will decide the outcome of the case.
Defending a Tribunal for Employers
As an employer you may be taken to an employment tribunal by an employee for a variety of work place issues.
The issues could surround unfair dismissal, discrimination, breach of contract claims and wages claims.
How to Resolve a Dispute Without a Hearing
As an employer, if you have received notification from ACAS of a claim then seek legal advice and in most circumstances you will let ACAS know that you wish to mediate.
This is a good tactical step as you will be able to find out more about the case at an early stage and also you may be able to resolve the dispute without proceeding to an Employment Tribunal.
At the ACAS stage then any settlement can be recorded in a legal agreement called a COT3 which would mean the employee could not continue with any claim. If ACAS are yet to be involved then you may wish to meet with your employee and negotiate a settlement agreement which would mean that the employee could not pursue a claim to the Employment Tribunal.
It is always recommended that you seek legal advice if faced with a potential dispute which could involve ACAS or the Employment Tribunal.
When Should I Seek Legal Assistance?
It’s so important that you seek assistance straight away, as failure to deal with any legal proceedings may be detrimental in the long run.
Employment Tribunal Decisions
Likely outcomes of an employment tribunal, depending on the outcome, could be compensation for injury to feelings and loss of earnings, reinstatement/reengagement, the requirement to have a recommendation or declaration that the problem will not occur again and changes will be made.
Defending a Tribunal for Employees
Discrimination in the workplace can be direct/indirect by way of harassment or victimisation.
Sometimes it may be obvious from remarks made in the workplace that there is discrimination but in other situations it may be unclear whether there is discrimination.
Common reasons when discrimination occurs is due to long term sick leave, sickness absence, or failure to make adjustments in the workplace to accommodate a disability.
Furthermore, you may suffer discriminatory remarks due to your race, age or other protected characteristic under the Equality Act 2010 and should always seek legal advice. You may, as an employee, suffer bullying and harassment and if this is related to a protected characteristic then you may have a potential claim.
What Are The Protected Characteristics in the Equality Act? The protected characteristics in the Equality Act 2010 are: Age, Gender, Race, Disability, Religion or belief, Sexual orientation, Gender reassignment, Marriage or civil partnerships and Pregnancy and maternity.
