Employment Tribunal Disputes

How to submit an employment tribunal claim

If you have a case already in the Employment Tribunal you may need help with preparing for the hearing or representation at the hearing.

We have extensive experience in public and private-sector casework at all levels. One of our Employment barristers sit as part-time Employment Judges and we also have a number of qualified mediators within our team.

1. Contact ACAS to receive Early Conciliation Number

A potential claimant must inform ACAS first, before making a claim to an employment tribunal about a workplace dispute. Early conciliation between an employee and the employer may help resolve the dispute informally so you no longer need to make a claim, it could also affect how much compensation you’re awarded if you do make an employment tribunal claim.

2. The Claimant submits the ET1 form to the employment tribunal due 3 months -1 day (subject to ACAS intervention)

It’s important to draft the claim correctly in the first instance, ensuring your best foot forward but also to protect against any potential long terms costs consequences. Our experienced employment law experts can help set out the facts in a manner to help bolster your claim.

3. ET3 form due 28 days from Tribunal’s letter notifying of the ET1

It’s then the respondent’s turn to draft a response (Grounds of Resistance) on an ET3 form. We can draft the ET3 and grounds of resistance and provide advice as to the strength of your company’s defence and a strategy to the best possible result.

4. Preliminary Hearing/Case Management date

After this stage, the tribunal will decide on how the claim shall proceed, usually listing it for a case management hearing to give directions and a timetable to the Final Hearing. We match the right barrister to the client depending on your needs and budget; allowing your case to be represented in the best possible light and giving you the best chance of success.

Support, advice and representation

Our barristers represent both employees and employers at the Employment Tribunal, the Employment Appeal Tribunal and the higher Courts. Our barristers can advise and act for both employees and employers on all areas of employment law, including:

• unfair/wrongful dismissal
• discrimination
• equal pay
• whistleblowing
• redundancy
• TUPE transfers
• holiday and sick pay
• non-contentious matters such as drafting contracts, drafting employee handbooks and dealing with internal disciplinary and grievance matters as well as carrying out workplace mediations.

Our barristers can advise and act for both employees and employers on the enforceability of restrictive covenants, the protection of trade secrets and databases as well as all contractual matters relating to employment.

Our clients range from Airlines to Gyms and from Local Authorities to pub landlords and all things in between. We have the expertise and experience to support you in successfully defending employment tribunal litigation and instructing us directly will lead to cost savings. We can also help you or your HR personnel navigate all types of workplace issues including disciplinary and grievance proceedings, capability and ill-health matters and redundancy/ business reorganisation processes.

This includes discrimination within the context of transport, education and housing, where we have been involved in some of the leading cases that have helped to shape this area of law. Our Employment barristers are regularly instructed to act on behalf of employees and employers in a wide range of cases.