Introduction
Are you struggling with a work-related issue and believe your employer has acted unlawfully? This comprehensive guide will walk you through the steps to make a claim to an employment tribunal, ensuring you understand your rights and the process involved. If you find yourself feeling overwhelmed, Contend’s highly trained AI legal experts are here to help. With their guidance, you can navigate your legal challenges with ease. Discover how to effectively address your concerns and get the support you need with Contend—the easiest legal help in the UK.
If you’re facing a work-related issue that you can’t resolve and believe your employer has acted unlawfully, you may want to consider making a claim to an employment tribunal. Here’s a straightforward guide on how to navigate this process.
Step 1: Try Early Conciliation
Before you file a claim, it’s essential to try early conciliation through a service called Acas (Advisory, Conciliation and Arbitration Service). This is a free service where an Acas representative will help you and your employer reach an agreement.
You need to start this process within a specific timeframe—usually three months minus one day from the incident you’re complaining about. If your claim involves statutory redundancy pay or equal pay, the deadline extends to six months minus one day.
Once early conciliation is complete, Acas will provide you with a certificate that contains a reference number. You’ll need this number when you fill out your claim form. After receiving the certificate, you typically have at least a month to submit your tribunal claim.
For more details on early conciliation, check out the Acas website.
Step 2: Start Your Claim
To initiate your claim, you can either:
- Fill out the online claim form on the GOV.UK website. This is usually the quickest option, especially if you’re close to the deadline.
- Download and print the claim form (known as the ET1 form) and send it by post. Keep in mind that this method might take longer and has a risk of getting lost in the mail.
If you’re part of a group making similar claims against the same employer, you can include their names on your form. This is known as a “multiple claim,” and can make the process more efficient.
You can find the multiple claims form here.
Step 3: Fill Out the Claim Form
The claim form is your chance to clearly present your case. Here are some tips for filling it out:
- Be clear and concise: Explain your complaint and list events in the order they occurred.
- Number your paragraphs: This makes it easier to refer back to specific parts of your claim.
- Include all relevant details: Make sure you mention every key event related to your complaint.
Important Sections of the Form
-
Your Details: If you’re concerned about your employer seeing your address (for example, in cases of harassment), you can request that it be withheld.
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Respondent’s Details: Ensure you provide the correct name and details of your employer, as shown on your early conciliation certificate. If you’re unsure of the name, you can check Companies House or other official records.
- Employment Details: Include the dates of your employment and any relevant information about your role.
- Type of Claim: Clearly state what you are claiming (e.g., unpaid wages, unfair dismissal, discrimination) and provide a brief description of what happened.
- What You Want: You don’t have to fill this out, but it can be helpful to state what you hope to achieve if your claim is successful.
- Additional Information: Use this section to mention any special requirements you might have, like needing an interpreter or if you have a disability.
Step 4: Submit the Form
Once your form is complete, it’s your responsibility to send it to the employment tribunal. If you’re submitting online, you’ll receive a confirmation message. If you’re sending it by post, make sure to keep a copy and get proof of postage.
Address your post to:
Employment Tribunal
Customer Contact Centre
England and Wales
PO Box 10218
Leicester
LE1 8EG
Step 5: After Submission
After you submit your claim, the tribunal will send a copy of your form to your employer, who will have 28 days to respond. This response is known as the ET3 form.
If you need to make changes to your claim after submission, you can write to the tribunal to request amendments. However, try to do this as soon as possible, especially if the hearing date is approaching.
Need Help?
If you feel overwhelmed or unsure about the process, consider trying Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Navigating an employment tribunal can be challenging, but with the right preparation and support, you can effectively present your case. Remember, you are not alone in this process—help is available when you need it.
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