What is an Employment Tribunal?
An Employment Tribunal is an independent legal body in the UK that specialises in resolving disputes between employees and employers. Its main role is to hear cases where someone believes they have been treated unlawfully at work, such as being unfairly dismissed, discriminated against, or not paid what they are owed. Unlike a regular court, Employment Tribunals are designed to be more accessible, with less formality and simpler procedures, making it easier for individuals to represent themselves if they choose.
Who can bring a claim?
Most claims are brought by current or former employees, but in some cases, job applicants or workers (such as agency staff) can also make a claim if they believe their employment rights have been breached. The most common types of claims include unfair dismissal (under the Employment Rights Act 1996), discrimination (covered by the Equality Act 2010), and unlawful deductions from wages.
Who can defend a claim?
Claims are usually defended by the employer or prospective employer who is alleged to have acted unlawfully. In some situations, individuals (such as managers or colleagues) may also be named as respondents, especially in discrimination cases.
Employment Tribunals operate separately from the normal court system and have their own rules and procedures. Their decisions are legally binding, and both parties have the right to present evidence, call witnesses, and make their case. For a detailed overview of how Employment Tribunals work and the types of cases they handle, see Employment Tribunals: A Guide.
If you’re unsure whether an Employment Tribunal is the right route for your dispute, it may help to understand how it fits within the wider system of resolving workplace issues. You can find more information on alternative procedures and when a tribunal is appropriate in our guide to Employment Dispute Procedures: UK Legal Overview.
To explore the broader context and learn more about the role of Employment Tribunals within UK law, visit our main guide to Employment Tribunals.
Understanding Success in an Employment Tribunal
When you bring a claim to an Employment Tribunal, “success” means the tribunal finds in your favour – deciding that your rights as an employee or employer have been breached under UK employment law. However, what success looks like can vary depending on the type of claim and the outcome you are seeking.
What Does It Mean to Succeed in a Tribunal Claim?
Succeeding in an Employment Tribunal claim means the tribunal agrees that your employer (or, in some cases, employee) has broken the law. The tribunal will carefully review the evidence and decide whether your claim is “well-founded.” If so, the tribunal may order a remedy to put things right. The burden of proof is usually on the person bringing the claim (the claimant), and decisions are made based on the balance of probabilities – meaning your version of events is more likely than not to be true.
Types of Claims and Typical Outcomes
Employment Tribunals deal with a range of workplace disputes, including:
- Unfair dismissal (Employment Rights Act 1996): When you believe you have been dismissed from your job without a fair reason or proper process.
- Discrimination (Equality Act 2010): If you have been treated unfairly because of protected characteristics such as age, race, sex, or disability.
- Unlawful deduction of wages: When your employer does not pay you what you are owed.
- Redundancy pay disputes: If you believe you have not received the correct redundancy payment.
- Breach of contract: When terms of your employment contract have not been honoured.
If you succeed in your claim, the tribunal can order different remedies depending on the type of case. For example:
- In unfair dismissal cases, you might be awarded compensation, reinstatement (getting your job back), or re-engagement (returning to a similar role).
- In discrimination cases, compensation can cover financial loss and injury to feelings.
- For unpaid wages, the tribunal can order your employer to pay what you are owed.
How Is Success Measured?
Success at tribunal is not always simply about financial compensation. The main remedies include:
- Compensation: The most common outcome. The tribunal will calculate what you have lost because of your employer’s actions, and may also award additional sums for injury to feelings (in discrimination cases). Awards are subject to statutory limits and guidelines, such as the “Vento bands” for injury to feelings in discrimination cases.
- Reinstatement: You are given your old job back, as if you had never been dismissed. This is rare, as it requires both parties to agree it is practical.
- Re-engagement: You are given a different job with the same employer or associated employer.
- Declarations: The tribunal may make a formal statement about your rights or the employer’s obligations, which can be important for future reference.
- Recommendations: In discrimination cases, the tribunal can recommend that the employer takes steps to reduce the impact of discrimination in the workplace.
The specific remedy will depend on your circumstances and what you ask the tribunal to order. In some cases, you may achieve a partial success – winning some parts of your claim but not others.
Practical Advice and Next Steps
Understanding what “success” means for your situation can help you decide whether to proceed and what outcome to expect. Before making a claim, it is advisable to explore other options such as ACAS Early Conciliation, which can resolve disputes without going to tribunal. If you do proceed, be clear about the remedy you are seeking and gather strong evidence to support your case.
Remember, each case is unique. The tribunal will consider the facts, the law, and what is fair in your particular circumstances. Seeking legal advice or support from a trade union or employment specialist can improve your chances of success.
How Employment Tribunal Decisions Are Made
How Employment Tribunal Decisions Are Made
Understanding how an Employment Tribunal reaches its decision can help you prepare your case and set realistic expectations. The process is designed to be fair and impartial, ensuring that both employees and employers have the opportunity to present their side of the story.
The Tribunal Process: From Hearing to Decision
Once a claim reaches the Employment Tribunal, the case typically moves through several stages:
- The Hearing: Both parties attend a tribunal hearing, which may be held in person, by video, or by phone. During the hearing, each side presents their case, including evidence and witness statements. You may also be asked questions by the tribunal panel or the other party’s representative.
- Consideration of Evidence: The tribunal panel – usually made up of an employment judge and, in some cases, two lay members – carefully reviews all evidence provided. This includes documents, witness statements, and any oral evidence given during the hearing.
- Application of Legal Tests: The tribunal applies relevant legal principles and statutory tests to the facts of the case. For example, in unfair dismissal cases, the tribunal considers whether the employer acted reasonably under Section 98 of the Employment Rights Act 1996. They assess if the employer followed a fair procedure and whether the dismissal was for a fair reason.
- Deliberation and Decision: After hearing both sides, the tribunal panel deliberates privately. They weigh up the credibility of witnesses, the consistency of evidence, and whether the legal requirements have been met. The decision may be given on the day or reserved and sent in writing later.
What Factors Do Tribunals Consider?
Tribunals look at a range of factors when deciding a case:
- Quality of Evidence: The strength and reliability of documentary evidence (such as emails, contracts, or disciplinary records) are crucial. Inconsistencies or missing documents can weaken a case.
- Witness Statements: Clear, detailed, and truthful witness statements carry significant weight. The tribunal will consider the credibility of witnesses and whether their evidence is consistent with other facts.
- Legal Standards: Tribunals must apply the correct legal tests, which vary depending on the type of claim (e.g., unfair dismissal, discrimination, redundancy). For discrimination cases, the Equality Act 2010 sets out specific requirements.
- Procedural Fairness: The tribunal assesses whether both parties have acted fairly and followed proper procedures, such as giving reasonable notice of hearings and allowing both sides to present their case.
The Importance of a Clear and Well-Supported Case
Presenting a clear, organised, and well-supported case greatly improves your chances of success. This means:
- Organising Evidence: Gather all relevant documents and ensure they are easy to follow.
- Preparing Witnesses: Make sure witnesses understand what to expect and can speak confidently about the facts.
- Focusing on Key Points: Highlight the main issues and how the evidence supports your position.
- Understanding the Law: Familiarise yourself with the legal principles that apply to your case, so you can address them directly in your arguments.
If you’re preparing for an unfair dismissal claim, you may find it helpful to review practical tips in Preparing for Your Employment Tribunal Hearing, which covers how to organise your case and what to expect on the day.
By understanding how Employment Tribunals make decisions, you can approach your hearing with greater confidence and clarity, giving yourself the best possible chance of a favourable outcome.
The Role of Evidence and Witness Statements
The Role of Evidence and Witness Statements
Evidence is the foundation of any Employment Tribunal claim or defence. Whether you are an employee bringing a claim or an employer responding to one, the tribunal’s decision will be based on the evidence presented. This includes both documentary evidence – such as contracts, emails, and payslips – and oral evidence from witnesses.
How Evidence Supports Your Case
To succeed at tribunal, you must prove your case “on the balance of probabilities.” This means showing that your version of events is more likely than not. Evidence helps establish the facts, clarify disputed issues, and demonstrate whether legal requirements have been met. For example, in an unfair dismissal claim, evidence might include your employment contract, records of disciplinary meetings, and communications about your dismissal.
Tribunals are impartial and rely heavily on the quality and credibility of the evidence before them. Inadequate or inconsistent evidence can weaken your case, while well-organised, relevant evidence can make a significant difference to the outcome.
The Importance of Witness Statements
Witness statements are a crucial part of tribunal proceedings. They allow parties to set out their version of events in detail, often providing context that documents alone cannot convey. A witness statement is usually prepared in writing before the hearing and serves as the witness’s main evidence.
The tribunal will read these statements before or during the hearing. Witnesses will then be asked to confirm their statement and answer questions (cross-examination). The clarity, consistency, and credibility of witness statements can strongly influence how the tribunal views the evidence as a whole.
Well-prepared witness statements can help establish key facts, address weaknesses in your case, and respond to the other side’s arguments. For practical guidance on how to draft an effective statement, see Writing Your Employment Tribunal Witness Statement.
Tips for Preparing Effective Witness Statements
- Be clear and factual: Stick to what you personally saw, heard, or did. Avoid speculation or opinion unless you are qualified to give expert evidence.
- Follow the tribunal’s format: Witness statements should be typed, dated, and signed. They should set out events in chronological order and refer to supporting documents where appropriate.
- Address all relevant issues: Make sure your statement covers the key points in dispute. If you are responding to specific allegations, deal with each one clearly.
- Be honest and consistent: Inconsistencies or exaggerations can undermine your credibility. If you do not remember something, say so.
- Refer to supporting evidence: Link your statement to relevant documents, such as emails or meeting notes, to strengthen your account.
For more detailed preparation tips and to understand how evidence fits into the wider tribunal process, you may also find it useful to read about Preparing for Your Employment Tribunal Hearing.
By gathering strong evidence and preparing clear, credible witness statements, you give yourself the best possible chance of success at the Employment Tribunal.
Key Factors That Influence Your Chances of Success
Key Factors That Influence Your Chances of Success
When bringing a claim to an Employment Tribunal, understanding the main factors that can influence your chances of success is essential. Whether you are an employee or an employer, being aware of these elements can help you prepare your case more effectively and avoid common pitfalls.
1. Strength and Clarity of Evidence
The outcome of most tribunal cases depends heavily on the quality of evidence presented. Evidence can include documents, emails, witness statements, contracts, and records of meetings or disciplinary action. The clearer and more robust your evidence, the better your chances of persuading the tribunal. For example, if you are claiming unfair dismissal, providing detailed records of your employment history, performance reviews, and any correspondence related to your dismissal can be crucial. Remember, the tribunal will base its decision on the balance of probabilities, so your evidence should directly support your version of events.
2. Compliance with Tribunal Procedures and Deadlines
Strict procedures and deadlines apply to Employment Tribunal claims. Missing a deadline – such as the time limit for submitting your claim (usually three months less one day from the date of the incident) – can result in your case being rejected, regardless of its merits. Similarly, you must follow all procedural steps, such as attending preliminary hearings or submitting documents on time. Make sure you understand the tribunal process and keep track of all important dates to avoid jeopardising your claim.
3. Honesty and Consistency in Your Account
Tribunal judges look for honesty and consistency in the evidence and testimony provided. Inconsistencies between your written statement and what you say at the hearing, or discrepancies between your account and the documentary evidence, can undermine your credibility. Always be truthful and avoid exaggerating or omitting facts. If you are unsure about specific details, it is better to acknowledge this than to speculate or provide inaccurate information.
4. Relevance of Employment Law to Your Case
Your claim must be grounded in the relevant legal framework. For example, if you are pursuing a claim for unfair dismissal or discrimination, you should be able to reference the laws and regulations that apply to your situation. The Employment Rights Act 1996 sets out many of the fundamental rights for employees in the UK, including protection against unfair dismissal, redundancy rights, and entitlement to written terms of employment. Understanding how the law applies to your circumstances – and being able to explain this clearly – can significantly improve your prospects. For more practical advice on preparing your case, see our guide on How to Win Your Unfair Dismissal Case.
5. Importance of Disclosing All Relevant Documents
Both parties in an Employment Tribunal are required to disclose all documents relevant to the case, even if they do not support their own position. Failing to do so can damage your credibility and may lead to the tribunal drawing adverse inferences against you. In some cases, non-disclosure can even result in your claim or defence being struck out. To understand the consequences of failing to disclose documents, read our detailed guide on the Impact of Not Disclosing Documents in Employment Tribunals.
Carefully considering these key factors – and taking steps to address them before your hearing – will give you the best possible chance of success at an Employment Tribunal. If you are unsure about any aspect of the process, it is always advisable to seek legal advice or consult official resources.
Preparing Your Case to Maximise Success
Preparing thoroughly for an Employment Tribunal can significantly improve your chances of a successful outcome. Whether you are an employee or employer, careful preparation helps ensure your case is clearly presented and supported by strong evidence. Here’s how to get ready:
Gather and Organise Evidence Early
Start collecting all relevant documents and information as soon as you consider making or defending a claim. Evidence may include employment contracts, payslips, emails, meeting notes, witness statements, and any correspondence related to the dispute. Organise these materials chronologically and keep copies for your records. Well-organised evidence can make it easier to explain your case and respond to questions during the hearing.
Follow the Correct Filing Procedures and Deadlines
Strict time limits apply to Employment Tribunal claims – usually three months less one day from the date of the incident (such as dismissal or discrimination). Missing a deadline could mean your case is not considered, except in very limited circumstances. Before submitting your claim, you’ll usually need to go through Acas Early Conciliation. Once complete, you’ll receive a certificate required for your application.
It’s essential to understand the steps and paperwork involved. For a detailed guide on submitting your application, see How to File Your Case with the Employment Tribunal. You must use the official Employment Tribunal Claim Form (ET1) to start your claim. This form, along with instructions, is available on the GOV.UK website.
For further information on what to do before making a claim – including early conciliation and other preparation tips – visit How to Prepare for an Employment Tribunal.
Seek Legal Advice or Support
Employment law can be complex, and tribunals are legal proceedings. While you can represent yourself, many people benefit from professional advice. Consider consulting a solicitor, trade union representative, or a Citizens Advice Bureau adviser. Legal experts can help you assess the strengths and weaknesses of your case, prepare your evidence, and present your arguments effectively. For practical tips on preparing for your hearing, read Preparing for Your Employment Tribunal Hearing.
Understand the Costs and Plan Accordingly
Most parties at Employment Tribunals pay their own costs, regardless of the outcome. However, there are exceptions where the tribunal may order one party to pay the other’s costs – for example, if a claim is found to be vexatious or unreasonable. Consider potential expenses such as legal fees, travel, and time off work. Planning ahead can help you avoid unexpected financial strain.
By taking these steps – gathering evidence, meeting deadlines, seeking advice, and understanding costs – you can maximise your chances of success at an Employment Tribunal. Careful preparation not only strengthens your case but also helps you feel more confident throughout the process.
Considering Employment Tribunal Costs
When deciding whether to bring or defend a claim at an Employment Tribunal, it’s important to consider the potential costs involved. Understanding these costs can help you weigh the risks and benefits before proceeding.
What Costs Might You Face?
Unlike some courts, there are generally no fees for making a claim or responding to one at an Employment Tribunal. This means you won’t need to pay a fee just to start a case. However, there are still other possible costs to keep in mind:
- Legal Representation: Many people choose to represent themselves, but you may wish to hire a solicitor or barrister for advice or representation. Legal fees can vary significantly depending on the complexity of your case.
- Expert Witnesses: If your case requires expert evidence (for example, from a medical or technical expert), you may need to pay for their time and reports.
- Travel and Accommodation: Attending hearings may involve travel expenses, especially if the tribunal is far from your home or workplace.
- Lost Earnings: Taking time off work to prepare for and attend hearings could mean lost income.
It’s important to note that, unlike in most civil courts, the Employment Tribunal rarely orders one party to pay the other’s legal costs. Costs orders are usually only made if a party has acted vexatiously, abusively, disruptively, or unreasonably in bringing or defending proceedings. For most claimants and respondents, this means you are responsible for your own legal costs, regardless of the outcome.
How Costs Might Affect Your Decision
The potential financial impact of a tribunal case can influence whether you decide to proceed. If you are considering legal representation, get clear estimates of costs upfront. Some solicitors offer fixed-fee packages or “no win, no fee” arrangements, but always check the terms carefully.
If you’re concerned about affording legal advice, you may be eligible for assistance through legal expenses insurance (sometimes included in home insurance policies) or through trade unions. Free advice and support are also available from organisations such as ACAS and Citizens Advice.
Remember, if the tribunal decides that you have acted unreasonably, you could be ordered to pay some or all of the other side’s costs. This is rare, but it’s a risk to be aware of – especially if your claim or defence is found to be without merit.
Where to Find More Information
For a detailed breakdown of the types of costs you might encounter and how they are handled, see our guide on Employment Tribunal Costs. This resource explains costs orders, when they might apply, and practical tips for managing expenses.
You can also find official guidance on Costs in Employment Tribunals on GOV.UK, which covers what you might need to pay and what support is available if you have a disability or health condition.
If you are considering appealing a tribunal decision, be aware that different rules and costs may apply. For more information, see our section on Costs and Fees Associated with Tribunal Appeals.
By understanding the potential costs involved, you can make an informed decision about whether to proceed with your claim or defence and plan your next steps with confidence.
