When you make an application to an employment tribunal, you will be invited to a hearing where your case will usually be heard by three presiding judges, called the Tribunal. One of these judges will usually be the Employment Judge, with the other members of the Tribunal being part of the local business community.The important thing to remember about employment tribunals is that they are run in much the same way as a court of law. The layout of the tribunal is like the County Court. And when you give evidence to the tribunal this is done under oath. If you lie, this would be considered perjury, which is a serious criminal offence. Also, any witnesses that you bring with you to speak on your behalf will also be asked to take an oath before they give their evidence.
It is completely free to make a claim to an employment tribunal, but if you need legal advice on a specific element of employment law, you will have to pay your employment law solicitor’s fees. In addition, if you were to lose your case, you could be ordered to pay the costs of the other party.
The hearing will only consider specific aspects of employment law. You should assess your claim with employment solicitors to ensure you are making a well-defined claim to the employment tribunal. Claims of unfair dismissal or discrimination are good examples of the type of claim that a tribunal can hear. Beware that a tribunal will not look on your case favourably if it thinks you are wasting its time, or that you do not have a strong case. This is why the advice of employment solicitors is vital before you make a formal claim to an employment tribunal.Any claim you want to make must be made within three months of the event you are complaining about taking place, or three months after you left your employer for claims of unfair dismissal. These time limits are generally quite rigid, but in some circumstances the Tribunal may allow your claim if you exceed them.
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. It's as if their employment contracts had originally been made with the new employer. Their continuity of service and any other rights are all preserved. Both old and new employers are required to inform and consult employees affected directly or indirectly by the transfer.
