What is a Preliminary Hearing at the Employment Tribunal?

Prior to the Full Hearing in your case, you may be asked to attend a Preliminary Hearing; this may deal with various matters including:

  • The issues in your case (especially if your case is complex, it may ask that the legal issues are clearly set out and agreed);
  • May decide how many witnesses are to be called by both parties;
  • May set the time, date, and process to be followed at the Full Hearing;
  • May decide legal matters, such as in the case of disability discrimination, what the disability is and whether an expert’s report is required;
  • It may provide a timetable when documents must be provided by both parties to the other party as well as when witness statements should be exchanged;
  • It may remind parties that they can use ACAS to assist with conciliation

If you need any help with processing your claim or advice about a preliminary hearing, please contact harsha@mooresolicitors.co.uk or on 07930 968788

 

 

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How to make an application to an Employment Tribunal?

As a claimant, you first need to consider what claims you have.  For example, is it unfair dismissal, sex discrimination, redundancy pay etc…

Then consider when the ‘event’ or incident occurred.  Most claims must be brought within 3 months (less one day) of the incident.

Also consider what outcome can be achieved and what you are seeking.

Next step is to contact ACAS and submit an Early Conciliation Form , which can be obtained from ACAS’s website – http://www.acas.org.uk/index.aspx?articleid=4028

Complete the form and an ACAS Conciliator should contact you.  According to ACAS’s statistics, they settle about 17% of the cases at this stage.  If you case settles at this stage, no further action is required.

If it does not settle and you wish to continue with a claim, you will need to complete an Application Form for the Employment Tribunal.  You can obtain further information from – https://www.gov.uk/employment-tribunals

And to make a claim – https://www.gov.uk/employment-tribunals/make-a-claim

If you need any help with processing your claim or advice about a potential claim, please contact harsha@mooresolicitors.co.uk

How do you bring an Employment Tribunal claim?

It is possible for individuals to bring claims by themselves.  The Employment Tribunal Service website has the new Tribunal claim form, which can be obtained from https://www.employmenttribunals.service.gov.uk/employment-tribunals

It is important to remember that prior to starting a claim, individuals have to follow the ACAS Early Conciliation process, which allows the individual to contact ACAS, put forward what they plan to claim and what they are looking for in return, usually compensation and how much.  The ACAS form is fairly straight forward and can be completed online, further information is on the ACAS website as is the form http://www.acas.org.uk/index.aspx?articleid=4028  .

If ACAS Early Conciliation is successful then there is no further action required.

If ACAS Early Conciliation is not successful then ACAS will issue a certificate and an individual will be able to complete and submit the Employment Tribunal claim form.  A fee is payable when submitting the ET1 form, or if appropriate a remission of the fee can be applied for.

Important – Time Limits

It is vital that you do not miss the Time Limit for bringing your claim.  For many types of claims, such as unfair dismissal and discrimination the time limit is 3 months from termination or the incident of discrimination.

There are ways that claims can still be brought outside of the time limit but you should be cautious and take legal advice on this.

Although claims can be brought by individuals it may be necessary to obtain legal advice beforehand, especially to ensure that you have covered all possible claims on your claim form and to tackle any issues of time limits.