If you're facing an employment tribunal, we can help you. Tees provides practical legal advice for employers dealing with all sorts of disputes at work – from preparing procedures to legal representation at an employment tribunal.
Workplace disputes can happen in any business. We can help you manage disputes proactively which will save you time and stress and minimise any potential risk to your business the dispute may present.
Our employment law solicitors have a wealth of experience guiding employers through every kind of workplace dispute. With us to guide you, you will be able to tackle disputes quickly and firmly. We’ve successfully resolved countless disputes caused by issues such as:
If you're facing historic claims being reinstated following the abolition of Tribunal Fees by the Supreme Court, we can guide you through what you need to do on this. We can also assist if you are seeking a refund on Tribunal fees ordered to be paid by you on a claim.
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Following these guidelines can help reduce the risk of an employment tribunal, although all situations are different; get specialist legal advice for your own situation.
An employment tribunal is like a court, specifically for handling employment disputes where an employee is bringing a claim against his or her employer. It’s made up of a judge sitting alone or a panel of three people, one of whom will be a judge, who will be legally qualified in employment law; the other two are lay members – that is, not judges or lawyers by profession, although they will have experience in employment issues. One will be an employee representative, and the other an employer representative. Some cases can be heard just by the judge. Cases of discrimination must be heard by three judges. Although it’s not a requirement to have a lawyer represent you, most people choose to have legal representation.
For a dismissal from a job to be considered potentially fair it must be on a ground set out under section 98 of the Employment Rights Act:
For the dismissal to be fair it will often need to pass the test of being within the range of reasonable responses of an employer. The employer will need to follow an appropriate fair process to minimise the risks of a claim finding procedural unfairness.
Sometimes the situation is such that it’s considered to be an automatic unfair dismissal. This would be when it relates to something where the employee is protected by law such as:
There is no fee for taking a case to an employment tribunal. In 2017 the Supreme Court judged that the law at that time, which stated claimants must pay, was unlawful. However, most people choose to get a lawyer to help them and of course this means there are legal fees to pay. Your insurance or membership of a trade union may cover some of the costs. In general, both sides will pay for their own legal costs, regardless of whether they win or lose. This helps employees who often have fewer financial resources than employers, to access the employment tribunal system. That said, it’s possible that the tribunal could award costs against a party if their behaviour is deemed by the judge to be, for instance, vexatious or unreasonable.