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Employee applications to an Employment Tribunal

The function of an Employment Tribunal is to resolve disputes between employers and employees in relation to employment rights such as the right not to be dismissed unfairly, the right not to be discriminated against or the right to be paid fairly. However, in order to make an application the correct procedures and forms must be used.

The Application to the Tribunal

To apply to a Tribunal you will need to complete a special form called an ET1 which you can get from the Tribunal. This can be completed on line by downloading the special form from their web site www.employmenttribunals.gov.uk, by phoning them on 0845 795 9775 or by contacting your local Employment Tribunal Office.

Normally you will need to make the application within three months of the date of the incident or matter about which you are complaining. Although there is a possibility that you will be allowed an extension of time generally if your application is received after the time limit the the Tribunal will not accept it. Note that in some cases the time limits differ - for example claims in relation to equal pay have a six month time limit and those in relation to redundancy are extremely complicated. It is vital, therefore, that if you believe you might have a claim that you contact employmentlawhelp as a matter of urgency so that we can advise in time to make the appropriate claim.

Making the application to the Tribunal

When you make your claim to the Employment Tribunal they will require some basic information from you and will require you to have taken certain steps to resolve the claim before bringing it to them. In addition to basic information such as your name and address and that of the person or organisation against whom the claim is being made, you will also be asked to confirm whether you have raised the complaint in writing and whether you have waited 28 days from the date of that written complaint before applying to the Tribunal. If you have not waited 28 days the you must provide a valid reason for not doing so.

You will also be expected to have gone through the statutory process for resolving grievances or to have attended a meeting with your employer in relation to discipline and dismissal. You will find more information relating to this in the Human Resources section of this web site in the items entitled “Grievance Procedures” and “Dismissal and disciplinary procedures”. Examples of why you might not have done so include:

  • it was not practical to put your grievance in writing or to take further steps – for example because you were unable to contact your employer at the relevant time
  • you reasonably believe that to put your grievance in writing could place you or another person in significant danger to person or property
  • you have been subject to harassment and reasonably believe that to put your grievance in writing would lead to further harassment
  • the grievance has already been submitted in writing by a trade union official on behalf of you and at least one other person
  • where the complaint is about dismissal and you have regarded yourself as constructively dismissed
  • you believe that the reason you have been disciplined is for a discriminatory reason or not for the reason stated by your employer

Extending time limits

It may be possible, in some cases, to extend the time limit for making an application to the Employment Tribunal by three months in order for the employee and employer to sort out the problem without needing to go to the Tribunal. Those circumstances include where you had mistakenly applied to the Tribunal without first putting the grievance to the employer and where you thought that you were still subject to a disciplinary or dismissal hearing. Generally, where all administrative procedures are correctly completed within the normal time limits you will not be granted an extension of time.

Claims for unfair dismissal

Usually for you to make a claim for unfair dismissal you must have worked for an employer for a continuous period of one year or more. However, there are circumstances where a claim can be made within that period. These include where the dismissal is connected with:

  • trade union involvement or joining, or refusing to join, a trade union
  • involvement in health and safety activities either as an employer’s health and safety officer or a worker’s representative
  • involvement in pension scheme trustee activities
  • being, or proposing to become, an employee representative
  • being a shop or betting sector worker who refuses to work on a Sunday

Payment of costs

In the majority of cases a claimant will not have to pay any costs in respect of the claim. Therefore, even if you lose the claim you will not have to pay for any legal representation or other costs incurred by the employer. However, the Tribunal can order that costs be paid if it feels that:

  • the claim which was brought was one which never had any likelihood of success – in other words that it was so weak it could not have been won – not just that you happened to lose
  • you behaved in such a way during the proceedings as to amount to being unreasonable

Even where the Tribunal makes an order for costs, they must still take account of your ability to pay those costs.

Contact us on 084 4804 4800 for more information.