Going to tribunal
The effort of going through the tribunal process can be costly in time, money, stress and loss of focus on your business. There are also times where everything has been done to the letter and the employer still loses at tribunal. But if you have been called to account, then following some simple guidelines can make the process as painless as possible.
The tribunal bench consists of three people, a qualified employment judge and two lay members nominated by employers and employees representative organisations.
When hearing unfair dismissal cases the tribunal usually assumes the employer is in the wrong and they must explain their action. Otherwise the bench starts from a neutral perspective, aiming at all times to reach a reasonable and fair adjudication that does not unnecessarily penalize or reward either party.
The process starts for you, the employer, when you receive an ET1 form from a regional tribunal office detailing the bases of your employee’s complaint and whether they think the company’s statutory dispute procedures have been followed. You then have to reply within 28days, although it could be a number of months before the actual tribunal. If you don’t respond within the 28 days, you may pay the price of not being able to defend the case.
Your response at this point is key, so take advice if you’re not sure. Go through all the documents, minutes and evidence that support the decision you made and most importantly demonstrate that you gave you employee the opportunity to improve their behavior or performance and that you followed your procedures.
If you are unable to respond in the allotted time you must tell the tribunal, giving the reasons why and apply for an extension, but beware this is not always given. When you get your hearing date, be sure this is convenient.
The tribunal will send a copy of the case to ACAS, who may offer conciliation, which is usually successful and potentially cheaper all round.
The next Tribunal article focuses on your preparation.
For information about how we can help you with employment matters, contact us on info@mgarnerconsulting.co.uk or ring us on 0800 242 5287.