With the passing of the new Employment Tribunal Procedure Rules, employers need to plan for changes to these dispute processes.
These changes don’t just affect the way claimants raise tribunal claims. One wrong move and you could end up facing financial losses, business disruption, and even reputational damages.
For further advice, contact one of our free of charge today. Now, let’s look at what the employment tribunal procedure covers and how it’ll impact employers on the receiving end.
Can anyone raise an employment tribunal claim?
Yes, anyone can raise an employment tribunal claim – employees, workers, even job applicants. Trade unions and employee representatives can also raise claims on a person’s behalf.
To raise a tribunal claim, the claimant needs to complete the following criteria:
- Check time limits for the claims.
- Follow the dispute resolution process of the business.
- Comply with ACAS Code of Practice on Disciplinary and Grievance Procedures (if relevant).
- Start early conciliation. (They'll need an early conciliation certificate to show the dispute hasn't been settled).
If early conciliation was unsuccessful for both parties, the claimant can raise a tribunal claim. They’ll need to submit an ET1 form to both the respondent and ACAS. Employers must reply to this within 28 days.
Lateness means the claimant can receive an automatic ‘win’ for their case. Withholding any information or evidence can also lead to penalties for employers.
As of February 2025, the government aims to increase of the time limit an employee must make a tribunal claim in from three to six months.
How do you prepare for an employment tribunal hearing?
Once the claimant has submitted everything on their side, it’s possible that their employer could be invited to a preliminary hearing. If not, the employment tribunal will announce a main hearing. To prepare for the hearing, employers should follow these steps:
Present all relevant documents
The employment tribunal may ask the employer to present all kinds of documents; both as hard copies or in digital formats. These documents can include contracts, emails, and meeting minutes.
Copies should also be made available for claimants and their representatives (i.e., like trade union officials). Tribunals may also ask employers to present witness statements, too. These are personal accounts of people who agree to give evidence.
Attend the formal hearing
Once these preparations are done, the employer will need to attend the formal hearing. An employment tribunal judge will set out the key matters of the dispute.
They'll ask relevant people to present their statements. For example, trade union representatives or witnesses. In most cases, employers are asked questions by the judge or a tribunal panel. The other party is also allowed to ask questions, too.
Wait for a final decision
At the end of the hearing, both sides will present their final statement. The tribunal judge will then announce their final steps. They could decide to adjourn the hearing and reconvene at a future date. Or they might require further evidence for the case.
Alternatively, they decide to pass a final decision. Depending on the tribunal claims, the judge may award:
- Reinstatement: This is when employees get their job back.
- Re-engagement: This is when employees are given a new job within the same organisation.
- Compensation: This may be cash or non-cash benefits, like compensation or free health care.
If the claimant doesn't agree with the final decision, they may decide to appeal against it. They should raise this to the Employment Appeal Tribunal.
Get expert advice on employment tribunal procedures with Peninsula
Employment tribunal procedures can be long, costly, and complicated. No employer wants to go through them; yet, they can be unavoidable for some. It’s best practice to understand how to navigate through them in order to seek the best outcome for your business.
