Tribunal cases are heard by three people: the Chairman, who is legally qualified and two lay members, both of whom are not legally qualified. One of the lay members will be of an employee background, whilst the other will be from an employer background. Employment Tribunals were set up so that disputes between employees and employers could be heard in an informal and accessible place in order to resolve the issues in place.

A tribunal claim can be a long and demanding process, but as with many clams, there is no guarantee that your case will be won. In a tribunal case it is important to be realistic about the strength of your claim and is imperative that you prepare every part of your case thoroughly.

All types of employment law cases, such as; Unfair and or Wrongful Dismissal, Race Discrimination, Sex Discrimination, Redundancy Payment, Disability Discriminations and Bullying are heard in Employment Tribunals.

Do I need a lawyer to take a tribunal claim?

This is a question that is often asked, and the simple answer is no you don’t. Tribunals encourage both parties (you and your employer) to represent their own case. Another query that often worries people is if they have to pay to make a claim. There is no fee to be paid in making a Tribunal claim. The only cost to you is if you are paying a representative, i.e. a solicitor.

The Tribunal Process begins when a claim is brought into one of the 21 tribunal offices located around England and Wales. There are strict time limits as to when you are eligible to place a claim, with most cases being three months, meaning if for example, you were dismissed from work on the 31st of August, you have to get your application for a claim to the Tribunal before the 29th of November.

Certain information is needed from you when making a claim such as dates of employment, hours worked, earnings and the reasons for your claim. The employer/organisation then has 21 days in order to return a form, which will state whether the details given within the claim form are correct and listing reasons as to why they intend to contest the proceedings.

What is the Tribunal Process?

Before the main hearing, several types of hearings can take place. One of these is Directions Hearings, which allows the Tribunals to clarify the issues on which decisions will be made, although evidence is not normally given at that point. This type of hearing is completed before a chairman only, who will make orders to do with the case, such as the dates by which each side (employee and employer) will have to disclose documents to each other, complete the joint documents that will be used as evidence, exchange statements of their witnesses and fix a date for the main hearing.

Employment Tribunals are open to the public and it is recommended that you visit an Employment Tribunal before you appear at your own case so you know what to expect. On the day of your claim you will be taken into the claimant’s waiting room, where a Tribunal Clerk will take your name and any documents you have for the Tribunal.

Your employer may try to stop the hearing going ahead by offering to settle the case. In this case, you shouldn’t be put off by this as any decision is yours to make. It is also best to have an idea in mind as to what you want from the hearing whether it be money or an apology. If you are fortunate enough to win your claim for money, you should have a payslip and your P60 in your possession.

During the hearing itself the tribunal members are seated at the front of the room behind a desk. Opposite form this, your employer-known as the respondent, you, the claimant and any advisers sit will sit throughout the hearing. Behind them will be rows of chairs where any witnesses or members of the public are seated. To one side of the room, there will be a place for witnesses to give their evidence.

The way the evidence is given in an Employment Tribunal begins with you, the claimant giving your evidence, reading out your pre-prepared written statement. Once you have recited your evidence you will be cross examined by your employer and the Employment Tribunal. Your witnesses will then give their own evidence.

During the hearing if the Chairman feels an issue hasn’t been explained properly, he or she can question the witness directly as the Employment Tribunal have to have a clear understanding of details of your case. When all the evidence has been presented, you will have a chance to summarise the case, with the Chairman making a note of what each witness says.

The tribunal will then give their decision. This either happens on the day of the hearing or through the post at a later date. If your case was successful, the Tribunal will state that you have been discriminated against and recommend what your employer should do in future to avoid discrimination. You will also be awarded money for past and future loss of earnings. In the event that your case is unsuccessful, you can appeal against the decision.