The Government (DTI) says:
What do Employment Tribunals do?
They hear applications (sometimes called 'complaints') and appeals about matters to do with employment. These matters include unfair dismissal, redundancy payments, sex, race and disability discrimination together with certain issues relating to wages, part time workers, and terms and conditions of employment.
Hearings
Most cases are heard at permanent employment tribunal offices although additional centres are hired where necessary. An Employment Tribunal is like a court but it is not as formal, for example, nobody wears a wig or gown. However, like a court it must act independently and cannot give legal advice. Almost all hearings are open to the public.
Who hears the case?
The tribunal generally has three members. The 'Chairman' is legally qualified and is appointed by the Lord Chancellor. The other two are lay members and are appointed by the Secretary of State for Trade and Industry from persons with experience in dealing with work related problems. Although the three members are appointed by Government Ministers, they are independent of and not influenced by the Government.
Will my case be dealt with fairly?
The employment tribunal has an overriding objective, which is to deal with your case justly. This includes doing what it can to ensure that all parties are on an equal footing, and dealing with your case as quickly as possible in a way that is proportionate to the complexity of the issues. You must assist the tribunal in achieving the objective.
Decisions, reviews and appeals
The employment tribunal will always send a written decision and its reasons for making that decision to the parties or to their representatives. There are limited rights to apply for a review of the decision, or to lodge an appeal against it to the Employment Appeal Tribunal within set time limits.
What can the media report about the case?
Most tribunal hearings are public and the press are free to attend and report the proceedings.
However, where a case involves allegations of sexual misconduct (which may, or may not be a sexual offence), the tribunal may make a 'Restricted Reporting Order'. This prevents the media from naming specific individuals until the tribunal has sent out its written decision.
If a case involves allegations of a sexual offence, the names of all those affected by the allegation are left out of all public records.
Further Information
The Employment Tribunals have a public enquiry line that is able to answer general enquiries, give information about tribunal publications and explain how the employment tribunal system works.
The enquiry line number is 0845 795 9775. All calls are charged at local rate.
Offices in Bury St Edmunds and Glasgow hold public registers of applications and employment tribunal decisions for England.
Further help and advice is available from:
Advisory Conciliation and Arbitration Service (ACAS) through their public enquiry points -
Birmingham (0121) 456 5856
Bristol (0117) 946 9500
Cardiff (029) 2076 1126
Fleet (01252) 811868
Glasgow (0141) 204 2677
Leeds (0113) 243 1371
Liverpool (0151) 427 8881
London (020) 7396 5100
Manchester (0161) 833 8585
Newcastle upon Tyne (0191) 261 2191
Nottingham (0115) 969 3355
How do I reply to the application form?
You can either download or print a Notice of Appearance form, reply on-line from the Booklets and Forms page or simply complete the forms sent to you with a copy of the application and return it to the tribunal office that sent you the form. Alternatively, you may send a letter to the tribunal giving your name and address and either full details showing the basis on which you dispute the applicant's claim or showing that you agree with the applicants claim. This is called entering an appearance.
If the applicant is claiming a redundancy payment that you are unable to pay because of financial difficulties, you should mention this in your notice of appearance.
If you are being taken to an employment tribunal under the provisions of the National Minimum Wage Act 1998, you can get help from the Inland Revenue on the National Minimum Wage Helpline: 0845 8450 360.
Whenever you contact the tribunal you should quote the case number on the tribunal's letter and documentation.
How to reply to an application on-line
If you wish to enter an appearance on-line you can do so by completing the Notice of Appearance form on the Booklets and Forms page.
Once you have submitted your completed form it will be sent automatically to the relevant tribunal office dealing with the case. You should keep a copy of the completed form for your records. There is no need to send a duplicate by post or to send any other documents at this stage.
Important: You should be aware that it is your responsibility to ensure that the tribunal office receives your notice of appearance within the relevant time limit. Notices of appearance sent by e-mail are not guaranteed to reach their destination within the usual, or expected, time period for the despatch and receipt of e-mail communications.
Corresponding with the tribunal by e-mail
The tribunal will accept correspondence sent by e-mail and Employment Tribunal office e-mail addresses can be found on the Employment Tribunal Offices page. You should ensure that your case reference number is quoted in any correspondence and that it is sent to the tribunal office dealing with your case.
Documents sent to the tribunal must be in a 'Word' compatible format, documents in other formats will not be accepted.
On receipt of your e-mail the tribunal office will issue an electronic acknowledgement but will not correspond or conduct proceedings by e-mail. This is because it cannot be assumed that the other party can or will wish to correspond by e-mail and it is important that both sides are dealt with in an even-handed manner and, that being so, both will be corresponded with in the normal way by post.
Correspondence sent by e-mail will be treated in the same way as that received in other forms i.e. by letter or fax. We ask that you do not send further e-mails or telephone the tribunal office to confirm receipt unless you have not received an acknowledgement within two working days of sending your e-mail.
Important: You should be aware that it is your responsibility to ensure that the tribunal office receives your Notice of Appearance or any other correspondence within the relevant time limit. Correspondence sent by e-mail is not guaranteed to reach its destination within the usual, or expected, time period for the despatch and receipt of e-mail communications. Please note that tribunal offices are unable to deal with general enquiries by e-mail.
How quickly must I enter an appearance?
The employment tribunal must receive your notice of appearance within 21 days of the day you receive the originating application form. The employment tribunal will assume that the copy of the originating application form arrived on the second working day after it was sent. If you do not enter an appearance you will not be allowed to resist the applicant's claim. If you are late, you should write explaining why. The tribunal will decide whether to allow you to enter a late defence of the claim and if any costs are involved.
Does one party have to pay the other party's costs?
Generally no. However, where in the opinion of the tribunal, a party has in bringing the proceedings, or a party or a party's representative has in conducting the proceedings, acted abusively, disruptively or otherwise unreasonably, or the bringing or conducting of the proceedings by a party has been misconceived, the tribunal may make an order in respect of all or part of the other party's costs.
Breach of Contract claims
Where an applicant is no longer employed they may make a claim for breach of contract against their former employer. Exceptionally this entitles the employer also to make a breach of contract claim.
What does the employment tribunal do on receipt of my 'Notice of Appearance'?
The tribunal sends a copy to the applicant.
In most cases a copy is also sent to ACAS, which is the independent conciliation service. They will try to help you and the applicant reach an agreed settlement. There is no charge for this service. The employment tribunal is not normally told about letters and discussions with ACAS to try to settle the claim without the agreement of the parties. If the claim is settled with ACAS's help, the tribunal will write to you confirming that there will be no hearing and that the case is closed. The agreement can be enforced in the County Court if either party fails to honour it.
What happens while I am waiting for my case to be heard?
Once the application and your notice of appearance have been received a number of issues may arise before the case can be heard. For example a party or the tribunal itself may seek more information from the other side. The tribunal may give directions or orders on this and other matters relating to the case, which you will be expected to follow. If witnesses are vital to the case but will not attend freely, Witness Orders can be requested and may be granted to compel attendance.
In a more complex case, the tribunal may hold a directions hearing to deal with such matters. If a party fails to comply with a direction or order made by the tribunal, whether at a directions hearing or otherwise, they may be ordered to pay all or some of the other party's costs.
How will I know when the tribunal is going to hear the case?
The tribunal writes to all the parties at least 14 days before the day of the hearing to tell them when the hearing will take place. This is called a 'Notice of Hearing'. With this you will be sent a booklet Hearings at Employment Tribunals, which will help you prepare.
If the hearing date is one which it is not possible for one of your witnesses to attend, e.g. because they have a pre booked holiday, you should write to the tribunal immediately giving a full explanation of the circumstances and offer alternative dates. The Chairman may wish to have the views of the other party before reaching a decision. The employment tribunal will advise you if your request for a postponement has been granted or not. You should not assume that your request has been granted until the tribunal office confirms this in writing.
Can my witnesses and I recover the cost of travelling to the tribunal and other expenses?
You, your witnesses and volunteer advocates (for example unpaid Citizens Advice Bureau representatives) may be entitled to travelling costs and other allowances when attending the tribunal. These change from time to time so you should contact the tribunal to find out how much you can claim. The tribunal will not pay legal costs.
Are there other types of hearing besides the full hearing to decide the case?
Yes. Interlocutory hearings, pre-hearing reviews, preliminary hearings and review hearings - these are explained in the booklet Hearings at Employment Tribunals. | 
