The number of applications to employment tribunals has increased dramatically. The total number of claims made in 2003/04 was 115,042 – an increase of 16% over the previous year’s total of 98, 617. The tribunal system is overloaded; therefore it might be more efficient to solve your legal problem using another method.
Litigation is one of the alternatives
This is one of five articles on ‘methods of dispute resolution’. You can find links to the other articles at the bottom of the page.
What is litigation?
Litigation (taking a case to a court or tribunal) often ends in a settlement (agreement) before the final hearing. However, if a settlement can’t be reached, an independent person or a group of people (for example, a judge, referee or tribunal) hears arguments from both sides and then makes a judgment. Unlike most alternative dispute resolution processes, in litigation the decision is made public and hearings can often be reported on (and even watched by the public). You can sometimes appeal against a judgment made through litigation, though this depends on the type of litigation, and the reason for your appeal.
Litigation can be used for a range of problems. Two examples are using the ‘small claims track’ for problems with goods and services and an employment tribunal for problems at work.
Litigation for problems with goods and services
For most consumer complaints, you can use the ‘small claims track’. This is a way of dealing with small claims (for less than £5,000) through the courts. The procedure is informal and you are normally expected to put your own case, without a solicitor. If you use a lawyer, you won’t be able to recover their costs. Expert Legal Advice can help you by advising you on your best way forward. We will let you represent yourself, however, with our Expert Legal Advice, you will have a better start and understanding of the process and what the tribunal is looking for regards their decision.
Litigation for problems at work
If you have a problem at work, you could try and sort it out using Acas conciliation or mediation. Frequently, contracts of employment insist you complete a process of calm dispute resolution before you take the matter further. If that doesn’t work, you can go to an employment tribunal. However, a tribunal can only:
Make your employer pay you compensation, or;
Recommend (but not force) your employer to give you your job back (if you have lost it).
If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes:
Do not provide a complete or authoritative statement of the law;
Do not constitute legal advice by Net Lawman;
Do not create a contractual relationship;
Do not form part of any other advice, whether paid or free.
