Employment tribunal procedure
This article explains what to expect if you have to go to an employment tribunal. It is useful for employers and employees.
We have an article on the basics on unfair dismissal here and many other free articles here.
Introduction
Each employment tribunal normally consists of a chairman who is a lawyer and two other members, one from a panel of members representing employers, and the other from a panel of members representing employees. Sometimes however, it may consist of a chairman sitting alone or with just one lay member. Tribunals hold most of the hearings in their own offices, which are situated in the larger towns and cities.
What is a preliminary hearing?
A preliminary hearing allows the tribunal to determine any issue relating to the entitlement of any party to bring or contest proceedings to which the originating application applies. As the name suggests, it is held before the substantive case is heard.
Any of the parties may apply for such a hearing, or it may be convened at the decision of the tribunal. Notice must be given to all parties in writing and an opportunity given to advance oral argument before the tribunal.
What is a pre-hearing review?
A full tribunal or a chairman sitting alone may conduct a pre-hearing review of a case in advance of the full tribunal hearing. If it appears that the case has little prospect of success either party may be ordered to pay a deposit of up to £500 as a condition of continuing to proceed with, or defend the case.
What happens at the hearing?
If the complaint is not settled or withdrawn at an earlier stage, it proceeds to a full hearing by an employment tribunal. At the hearing, tribunals try to keep their proceedings as simple and informal as possible. Many applicants and respondents put their own cases to the tribunal although some choose to have a representative who may be a lawyer, trade union official, representative of an employers' organisation, or simply a friend or colleague.
The tribunal clerk explains the procedure to the parties before the case begins and the chairman will assist both parties in putting their case as the hearing proceeds. The tribunal will normally give both parties the opportunity to present their respective cases and question their own and the other party's witnesses. The tribunal panel may ask questions of the parties or their witnesses. It is in the interest of both applicant and respondent to attend the hearing. If one party is neither present nor represented, the tribunal may decide the case in their absence, after considering any written representations made. In some cases a tribunal finds it very difficult to reach a decision if a party does not attend and may adjourn the case. A tribunal may dismiss an application if the applicant fails to attend without explanation.
Tribunal hearings are generally completed in one day. Decisions may be by majority vote, but in fact nearly all are unanimous. The tribunal usually announces its decision and the reasons for it straight away. A written decision is also sent to the parties, generally within three to six weeks. Both parties have a right to ask for a review of the decision and a right to appeal against the tribunal's decision, on a question of law, to the Employment Appeal Tribunal. Information on how to apply for a review of the decision, and how to appeal, is sent to the parties with the tribunal decision.
Financial assistance for tribunal hearings
Legal aid is not available at employment tribunals, but some employees may be able to claim a limited amount of free advice under the legal advice and assistance scheme. This does not cover the cost of a legal representative at the hearing.
Allowances are available from the tribunal office to cover the cost of travel to a hearing and other expenses both to the applicant and respondent, to the witnesses called and to representatives, including members of Citizens Advice Bureau, but not full-time officials of employers' organisations or trade unions, barristers or solicitors or any other paid or unpaid professional person or organisation or organisations who represent parties as opposed to acting as their witnesses. Loss of earnings may also be paid up to a maximum. The tribunal can provide details of the current rate on the day of a hearing.
Remedies
If the tribunal finds that the dismissal was fair, it will dismiss the application. If it finds the dismissal unfair, the tribunal will normally order that:
· the employee be reinstated by the employer in the same job (see Order for reinstatement or re-engagement); or
· the employee be re-engaged by the employer in a different job (see Order for reinstatement or re-engagement); or
· the employer pays a sum of money to the employee in compensation (see How awards of compensation are worked out).
Orders for reinstatement or re-engagement normally include an award of compensation for loss of earnings.
Do employment tribunals make awards of costs?
Costs (expenses in Scotland) are not normally awarded in employment tribunal cases. They can be, however, if the tribunal decides that a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in bringing or conducting the case. Costs of an adjournment or postponement may also be awarded when the adjournment or postponement was requested at the last minute by either party with no good reason or where it is necessary because a party has not come prepared to deal with issues which may be expected to arise at the hearing.
What is the ACAS arbitration alternative to the tribunal?
ACAS has been given the power to provide an arbitration scheme for unfair dismissal disputes. This scheme started on the 21 May 2001 and is a voluntary alternative to the tribunals. | 
