How do I get as far as an employment tribunal and what does it entail?
Drafting and lodging an ET1 (the claim form) is the first step. An expert needs to do it because amending your claim can be problematic once it has been lodged with a Tribunal.
After this, the employer will reply with an ET3 (the response) and this will arrive with grounds of resistance. A pre-trial hearing will then be organised and the whole case will be timetabled. In order that you voice is heard, this is when you need to be represented.
If your employer has in their possession all of the documents, then this is an opportunity for you to obtain specific disclosure. You, the claimant, then have to get a schedule of loss drawn up, outlining exactly what losses you are claiming for. Extreme care has to be taken with this because any errors on the form could result in you losing the case and being forced to pay out legal costs. As the claimant, you are then required to get a witness statement prepared and exchange of documents in preparation for trial will take place with the employer’s employment solicitor.
The last step is for the case to be seen at an Employment Tribunal which can take place over a 2 day period. We will act for you. We will offer support, and guidance through the whole process, or alternatively we can offer you assistance with the ET1, offer you specific employment legal advice, write witness statements or prepare a schedule of loss.
Please call us to discuss how we can best assist you on 020 8579 1345
The Employment Appeals Tribunal:
You or your employer have the option of applying for a review of the first instance decision or for an appeal following the case conclusion. The Tribunal would re-visit their decision, or the case could be reviewed by a higher court, namely the Employment Appeal Tribunal. If this occurs, the case may well take a long time to reach conclusion. It can become very complicated if a case goes to an employment appeal tribunal and it can often be associated with complex legal arguments. If you find yourself in this position, please call us to discover how we can best assist you with employment law advice.