What is an employment tribunal?
Employment tribunals deal with hearings between workers and employers to resolve disputes about employment rights. The decisions of employment tribunals are legally binding.
How long do I have to start my claim?
Not very long. In most cases, you must commence proceedings within 3 months less 1 day from the date your employment ended or the date of the incident you are complaining about having taken place.
In discrimination claims, for example, or complaints relating to unpaid wages or holiday pay, the time limit will start to run from the date of the act you are complaining of.
How do I start the claim process?
It is necessary to contact ACAS to notify them of the dispute and trigger the early conciliation process before starting your claim in the Employment Tribunal. An extension of time may be provided to try and resolve the dispute through early conciliation. However, you must trigger the process correctly with ACAS and within the 3 months less 1 day deadline. The time limit for submitting the claim is paused during the conciliation period. If there is no settlement, a certificate is issued, and the time limit starts to run again.
If the early conciliation process wasn’t started correctly and you miss the ACAS deadline, your claim is unlikely to be accepted by the tribunal. Although you can make an application to the tribunal to present your claim out of time, there are very few exceptions where this will be granted, and you can find yourself time barred.
Once the conciliation process has been completed a claim can be lodged with the employment tribunal. Again, it is very important that the claim is submitted by the deadline. Once the claim has been submitted, the respondent has the opportunity to reply and submit their account of events to the employment tribunal.
How can we help you?
Why instruct the solicitors at PM Law?
At PM Law we are employment law experts and have years of experience helping employees to assert their legal rights. We understand how worrying employment problems can be and that it can often feel that your employer holds all the power. We will be in your corner and will help you achieve the outcome you want.
We will provide initial advice at no cost and often provide tribunal representation on a ‘no win, no fee’ basis, or under your legal expenses insurance or under a guaranteed fixed-fee.
How can we help?
Contact us for representation so that that we can help you identify all your claims and make sure your case gets off to the best possible start.
We can help with ACAS early conciliation and will speak to the conciliator and assist by clarifying your claims and the issues between you and your employer. We can also help you negotiate a settlement. If your employer won’t offer you fair compensation at this early stage we can help you to pursue a claim in the employment tribunal.
Call us today on 0330 056 2182 or complete the contact form on this page. Represented claimants generally achieve better outcomes during the Acas early conciliation process and when litigating your case.
Employment Law FAQs
Didn’t find the answers you were looking for? Look at the FAQs below for more information on our employment law claims process.
You can make an unfair dismissal claim if you've been in continuous employment for at least two years.
Under the terms of the Equality Act 2010, it's your right to claim for unfair dismissal if you've been discriminated against during your employment.
The amount of compensation you could receive for unfair dismissal varies depending on several factors, including the specific circumstances of your case and the jurisdiction in which you are filing the claim.
When assessing the compensation for unfair dismissal, employment tribunals typically consider the following elements:
Basic Award: This is calculated based on your age, length of service, and weekly pay, and it is subject to a statutory cap. The exact calculation formula may differ depending on the jurisdiction.
Loss of Earnings: The tribunal will consider the actual financial loss you suffered as a result of the unfair dismissal. This may include the income you would have earned during the notice period or until you find alternative employment.
Future Losses: In certain cases, if it is determined that you will experience difficulties finding new employment or face a significant reduction in earnings, the tribunal may award compensation to cover future losses.
Benefits and Bonuses: If you lost out on benefits, bonuses, or other entitlements due to the unfair dismissal, the tribunal may consider including these in the compensation.
Each case differs and there is no set amount of compensation you will receive.
Workplace bullying is offensive, intimidating and malicious behaviour that's intended to undermine an individual or group of employees.
If you think you're a victim of workplace bullying, then you should raise this with your employer and bring evidence if possible.
Our hourly rate is £177 + VAT of £35.40.
We have different pricing options: –
- We can offer our service under a Damages Based Agreement – “No Win, No Fee”. If your claim is successful, we will charge you 35% of any compensation received inclusive of VAT.
- We can accept instructions on a private paying basis:
- Simple case – £5,000 + VAT of £1,000 – £7,000 + VAT of £1,400
- Medium complexity case – £7,000 (+ VAT of £1,400) – £12,500 (+ VAT of £2,500)
- High complexity case – £12,500 + VAT of £2,500 – £17,500 + VAT of £3,500
- If you have legal expenses insurance we can work alongside your insurer in line with the terms of the policy.
Counsel’s fees for a hearing could amount to anything as high as £1,500 + VAT of £300 per day.