When an employer is involved in an Employment Tribunal (ET) process, several steps and considerations are involved.

Preliminary Hearing:

At a preliminary hearing, several key issues may be addressed or resolved, including:

• Deciding whether to dismiss a claim or response.
• Determining if a deposit order should be imposed.
• Exploring the possibility of reaching a settlement or alternative dispute resolution.
• Examining initial questions such as:
  • Whether a dismissal has occurred.
  • Whether any part of the claim is time-barred.
  • Whether the individual qualifies as an employee.
  • Whether the individual has sufficient length of service to pursue the claim.
  • Whether the claimant’s medical condition qualifies as a disability under the Equality Act 2010.

An employment judge has the authority to treat a preliminary hearing as a final hearing, and vice versa, if they believe that neither party will be unfairly affected by this change. However, this is not a common practice.

If a party is unrepresented and lacks the capacity to manage their own case, the ET can appoint a litigation friend to assist them in navigating the legal process.

Final Hearing:

A final hearing is a hearing that decides whether the claim succeeds or fails and determines what remedy or compensation is appropriate. In some cases, there may be different final hearings for different issues, for example liability, remedy or costs.

The parties will be given at least 14 days’ notice of the date of the final hearing. At the hearing the parties can represent themselves or use a lawyer, trade union official (or other representative) or even a friend to act on their behalf. 

Before the final hearing, both parties are required to share relevant documents, and it is typically the employer’s responsibility to compile these into a hearing bundle for use during the hearing. Witnesses will need to provide written statements in advance, which will be exchanged between both parties. In Scotland, however, this process differs, as parties present their documents and evidence directly at the hearing without pre-prepared statements. Witnesses play a key role, and their testimony can significantly impact the case, so it is crucial they are well-prepared and supported.

Length of Proceedings:

The duration of the hearing can vary significantly based on the complexity of the case. Basic contractual disputes may last just a few hours, while more complicated cases, such as those involving discrimination claims, may take a week or longer.

Judgment and Remedies:

The ET will announce its judgment at the end of the hearing unless it reserves judgment for a later date. If the claim is successful, the ET may order remedies such as reinstatement, re-engagement, or compensation. Employers must be aware that compensation awards can vary and include elements such as loss of earnings and injury to feelings.

Publication of Judgments:

All Employment Tribunal judgements are now collated and published on a government website, which can be accessed publicly:

https://www.gov.uk/employment-tribunal-decisions

There is no ability to remove judgements from the website and therefore employers should be aware of the potential risk of adverse publicity, in particular where written reasons for the judgement are requested and the company has been criticised by the Employment Judge. 

Appeals:

A party can appeal an ET decision only on the basis that the ET made an error of law in reaching their decision or if the ET decision was perverse. If either party wishes to appeal against the decision of the ET they will need a copy of the judgment and the ET’s full written reasons for making it.

ESP Solicitors can support organisations through the lifecycle of a tribunal claim, from issuing or receiving a claim to preparing for and attending the final hearing, and handling costs and appeals.

For more information, get in touch with our experts.