The process
Before you can bring your claim to the Employment Tribunal, both parties will need to engage in early conciliation through the Advisory Conciliation and Arbitration Service (ACAS). Once the application to ACAS has been made, it will be encouraged for parties to try and settle before bringing a claim forward. Our solicitors will be able to assist you in reaching any settlements. If a settlement cannot be agreed upon, the claim can be brought to the Employment Tribunal.
Typically, the procedure starts when an employee files a claim with the tribunal, outlining the specifics of the claim and the desired result. Following this, the employer is given the opportunity to respond to the claim. There will then be a hearing for a decision to be made regarding your claim.
Things to consider
Our solicitors will sit with you and go over all the documents and facts of your claim to ensure that you fully understand and agree to everything. We will advise you to consider settlement as well as the costs and other implications if you want to continue with your claim. It is very common for employees to not always be happy with the offer in their agreements, that is where our solicitors come in. Whenever possible, we will assist in negotiating better terms and higher compensation.
- Generally, you would have three months from the date of the incident to bring a claim to the employment tribunal.
- As stated above, you will first be required to engage in early conciliation through ACAS to try and resolve the claim before going to the tribunal.
- Our solicitors will also sit with you to discuss what implications bringing a claim to the employment tribunal could have on your current and future employment.
How long does it take?
On average, a claim with the Employment Tribunal can take anywhere from several months to over a year to be resolved. The length of each claim will also be dependent on the nature of the claim and whether any settlements are reached before the final hearing. There are other factors that come into play as well such as when the preliminary hearing is scheduled, which can take place a couple of weeks to a couple of months after the response.
If a settlement is agreed upon – A settlement agreement can be turned around in a day or two so long as you are happy with the terms of the settlement. It could take a little longer if you need any of the terms to be renegotiated. Our solicitors will always advise you to take a few days to think about the terms of the settlement to see if you are happy with everything before you sign it.
Our costs
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