Recent figures released by the Ministry of Justice confirm that the period from October to December 2017 saw an increase of 90% in single Employment Tribunal claims compared to the same quarter in 2016. Whilst that is a significant rise, following the abolition of Tribunal fees in July 2017, we are still to see a return to “pre-fee” levels.
With the return of the Employment Tribunal as a free of charge way to resolve employment disputes, we have set out below some myth-busting information for any employees who may be considering making a claim.
What has happened?
In July 2013, fees were introduced in the Employment Tribunal for the first time. Employees were required to pay up to £1,200 to pursue a clam up to the hearing stage. This put many potential Claimants off resulting in a reduction of 79% in the number of claims brought. Considering that one of the most popular claims to be heard in the Employment Tribunal is unfair dismissal, it is no surprise that many employees, left without an income after being dismissed by their employer, chose not to spend £1,200 in pursuing a Tribunal claim.
In July 2017, following years of challenges to the fee system, Tribunal fees were finally removed so that it is now once again free of charge to lodge a claim and attend a hearing at the Employment Tribunal.
Early Conciliation
Before you can make an Employment Tribunal claim, in most cases you must notify ACAS that you intend to bring a claim against your employer and go through a period of conciliation. This is known as “early conciliation”. During this period an ACAS conciliator will be assigned to try to resolve the dispute by speaking with both parties to identify areas which can be agreed.
If the conciliation period comes to an end without a resolution being achieved between the parties, the employee will be provided with a certificate confirming that they have met the requirements for early conciliation.
Making An Employment Tribunal Claim
How do you bring an Employment Tribunal claim?
Once the early conciliation certificate has been issued, an employee, or their representative, can then make their claim to the Employment Tribunal. A claim must be lodged using a form known as an “ET1” which can be filled in online.
What are the time limits?
Many Employment Tribunal claims must be lodged within 3 months of the act complained of. So, for example, in an unfair dismissal claim it would be 3 months less one day from the date the dismissal took effect or, in a claim for discrimination it would be 3 months less one day from the last act of discrimination complained of. However, this period will be extended to allow for early conciliation to take place.
It is very important to lodge a claim within the applicable time limits as a failure to do so is likely to result in not being allowed to pursue the claim. If you are unsure about the time limits involved you should take legal advice as soon as possible as an extension will not necessarily be granted by a Tribunal just on the basis that an employee did not know what the deadline was.
What happens next?
Once a claim has been lodged the Employment Tribunal will send a copy to the employer who will be given 28 days to respond to the claim. They will be required to respond using a form called an “ET3”. After this the Tribunal will decide on the preparations that need to be made for a full hearing depending on the complexity of the case.
How Nelsons Can Help
For further information, please contact our employment law specialists on 0800 024 1976 or via our online form to discuss your issue in more detail.