Explaining the Employment Tribunal Process

Explaining the Tribunal Process

Once the tribunal has accepted your ET1, they will send a copy to the Respondent. The Respondent will then present its ET3 - The ET3 form is the document that employers must use to respond to an Employment Tribunal claim. Once an employer receives a claim, they have 28 days to submit the ET3 form. This form is crucial as it outlines the employer's defence against the allegations made by you, the claimant.

A copy of this will be sent to an employment tribunal judge who reviews both the ET1 and the ET3 to decide the most appropriate steps to be taken in preparation for the full hearing.

The tribunal will then either send both parties a written "order for directions", setting out those steps, or set a date for a “Preliminary Hearing Case Management” discussion (PHCM) to take place, either by telephone or at the tribunal itself. If a PHCM is considered appropriate, an employment judge will hear arguments from both parties as to which steps are necessary and will make an "order for directions" during the PHCM.

Preliminary Hearings are an important part of the tribunal process. These hearings are used to determine if there is enough evidence to proceed to a full hearing. They can also address case management issues, such as setting timelines for evidence disclosure and witness statements."

To prepare for a Preliminary Hearing, you should, gather all relevant documents and know how many people including yourself, that will be attending the final hearing to provide witness evidence.

You should also prepare a List of Issues -this is a document that outlines the specific legal and factual questions that need to be resolved by the tribunal. This list helps to clarify the points of dispute between the claimant (employee) and the respondent (employer), ensuring that both parties and the tribunal are focused on the relevant issues.

The List of Issues helps the tribunal understand what needs to be decided and ensures that the hearing is efficient and focused. The list typically includes questions related to the legal basis of the claim and the specific facts in dispute. Therefore, creating a clear and concise List of Issues is crucial for the smooth progression of your case. It ensures that all parties are on the same page and that the tribunal can make informed decisions based on the agreed-upon issues.

Whichever method the tribunal adopts (a written "order for directions" or a PHCM), it is likely the Tribunal will make requests for:

• Providing further information regarding your complaints if any of your claims are unclear or there is missing information so that a List of Issues cannot be agreed at the hearing.

• Provide medical records and associated statements if required.

• Each party to prepare and exchange a list and copies of all documents that they have that are relevant to the issues in the proceedings.

• Preparation of an indexed and paginated documents bundle. Tribunals tend to make employers responsible for the preparation of several copies of the bundle for use at the tribunal hearing.

• Prepare and serve on the employer a schedule of loss setting out details of the financial compensation claimed together with details and copies of documents relating to your attempts to "mitigate" or reduce that loss, for example, by looking for a new job.

• Any expert reports to be obtained and exchanged.

• Preparation and exchange of witness statements.

• Fixing dates for the claim to be heard by the tribunal. The number of days set aside for the hearing will depend on the complexity of the claim and the number of witnesses that each side intends to call, which is why it is useful to know in advance how many people including yourself that will attend the hearing as witnesses for your case.

Tribunals usually expect to deal with both the merits of a claim (whether the claimant wins or loses) and any remedy (including the amount of any compensation) at a final hearing, not within Directions or a PHCM, if required.

Therefore, understanding the tribunal process and preparing effectively for Preliminary Hearings can significantly impact the outcome of your case. Make sure to gather all necessary evidence, seek legal advice, and stay informed about the process. Thank you for listening, and I hope this information helps you navigate your tribunal proceedings with confidence.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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