How do I go about making a claim?
Firstly, you need to be able to show that you have been dismissed from your employment and have some form of evidence in order to prove this. This can be tricky if you're claiming that you have been constructively dismissed.
Your employer must be able to show evidence that they had provided a valid reason for dismissing you and that their actions were reasonable and justified. They will also need to prove that they investigated the issue thoroughly which lead to your dismissal and show evidence that they abided by the appropriate steps which are associated with the 'minimum dismissal procedure'.
What should my Holiday Entitlement be?
If you're 16 or over, have left school and are working full time, you have the right to a minimum of 4 weeks annual holiday. Some employers may offer more or a buy back option but the 4 weeks is the minimum entitlement which you are entitled to under the U.K employment regulations.
What is a lay member?
A lay member is a non-legal member of an Employment Tribunal. During an Employment Tribunal, there will be two lay members-one lay member will be of an employee background, whilst the other will be from an employer background.
Do I need a lawyer to take a tribunal claim?
Simply the answer is no. At an Employment Tribunal you the claimant and your employer the respondent represent yourselves so there is no need to have any legal aid with you during these proceedings.
Do I have to pay in order to make a Tribunal claim?
There is no charge for making a claim at an Employment Tribunal. You do not have to pay a fee unless you are paying a representative, such as a solicitor which is to the discretion of the claimant.
Who can help with my claim?
If you are a member of a trade union you can enquire with your union representative about your claim before making an official claim to a Tribunal. Also, your local law centre or citizens advice bureau may be able to help you with your enquiry. You can hire a solicitor to take your but this can often be costly. In some cases, friend or relative can also act as your representative.
Is there a time limit for making an Employment Tribunal claim?
Yes, you have to take your claim to one of the 21 tribunal offices no later than three months after the incident where you will then be further advised on what action to take next.
