Most claims relating to the employer and employee relationship are dealt with by the Employment Tribunal. However certain breach of contract claims can be dealt with by the civil courts.
How can we help?
We can help with the following steps in an Employment Tribunal Claim:
1. Claim and payment of fees
An employee issues a claim on a standard form and sends it to the Tribunal. The Tribunal charges a fee which must be paid when the claim is submitted unless the employee is entitled to a full or part remission. There are very strict time limits for bringing a claim. Our employment team can advise you on all aspects of bringing a claim and if appropriate can draft and submit the form.
The Tribunal sends the claim form to the employer. Again there are strict time limits for responding to claims and we suggest that an employer contact us as soon as they receive the claim. We can advise an employer on drafting the response and shall draft a formal comprehensive response if necessary.
3. Preliminary Hearing
If there are preliminary issues such as whether the claim is in time or whether the Tribunal has jurisdiction to hear the claim then a preliminary hearing may be listed. Similarly if it is a complex case with different claims or a discrimination case then a preliminary hearing can be used to narrow down the issues and to make case management orders.
We can assist in the preparation of all documents prior a final hearing including Schedule of Losses, Witness Statements, Trial Bundles, Chronologies and Cast Lists. Well prepared documentary evidence will assist the Tribunal and may improve that party’s prospects of success.
6. Final Hearing
Sometimes referred to as a “trial”, the Final Hearing may last for one day or up to a number of weeks. During a Final Hearing parties are required to produce documentary evidence and to give oral (spoken) evidence under oath. Parties are also required to ask the other side questions (cross examination) to try to assist their own case and/or undermine their opponent’s case. Attending a Final Hearing can be intimidating and stressful. We are experienced in representing employers and employees at Final Hearings and have a good relationship with Employment Law Barristers Chamber’s should the need arise to instruct Counsel.