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Representation at Employment Tribunal Hearings
An employee usually has up to three months from the date of termination of an employment contract to make an application to an Employment Tribunal giving the grounds of complaint.  However, there are circumstances where this can be extended.  Any compensation due to an employee can be reduced by the employment tribunal if the employee has not used the employer's grievance procedure or tried to resolve the issue with the employer.

The Employment Tribunal will send the employer a copy of the claim made by the employee. The employer is obliged to complete the Employment Tribunal's forms stating whether they wish to contest the application and why. Lawson-West, solicitors, can help draft the initial response to the claim and advise on how to respond. Lawson-West's employment solicitors can also help collate relevant documents and assist with the preparation of witness statements.

Before the case is heard by the Employment Tribunal, ACAS will try to settle the case by conciliation first.  ACAS settlements often include a mutually agreed amount of compensation.  Employers may have to pay employees interim relief depending on the circumstances.

Employment Tribunal Hearings first have to establish that the employee was dismissed and then the employer has to show that the dismissal was for a fair reason. The Employment Tribunal then has to consider whether the employeer acted reasonably. However, in certain cases, eg constructive dismissal, it may be for the employee to prove that the employer acted unreasonably.

The Employment Tribunal usually announces its decision and then follows this in writing to the employer and employee within six weeks. Both employer and employee have a right to ask for a review and a right to appeal.

If you think that an employee who has been dismissed may apply to an Employment Tribunal or have received a Notice of Appearance at an Employment Tribunal, please contact either Ashley Hunt, Carrie-Ann Randall or Vaishali Thakerar on 0116 212 1000 now for guidance.