Employment tribunals and litigants in person

Employment tribunal is usually made up of three people one of whom is an employment judge a lawyer specialising in employment law cases.  He may sit alone or with lay members such as trade union officials or employers representatives.  Either way they will have experience of dealing with work pay disputes and will have received specific judicial tribunal training.

You call the tribunal “Sir” or “Madam” as the lay members.

Because there may be three, you have to take copies of everything for all three members of the tribunal plus the clerk yourself and the other side so six copies.

Before the final hearing there is often a procedural hearing which sets the timetable for things like disclosure of documents and exchange of witness statements.  This can also deal with individual issues such as whether a discrimination claim or something under the Equality Act has been brought within the time limit.  These hearings are held usually before the employment judge sitting by himself.

The full final hearing is relatively information and remains seated throughout unless you are giving evidence on oath when you stand to take the oath and then sit down to give the rest of your evidence.  The guidelines about being polite and respectful remain whatever the provocation.

The most common type of claim is for unfair dismissal.  There are two types.  One is where the employer has dismissed you and you say it is unfair that is because the process was incorrect e.g. there was no proper grievance procedure or warnings given.

The other “constructive unfair dismissal” is where you resigned having been forced out.  This is where the employer or employers are liable, and have behaved in a way so you feel you cannot go on working there.

Also claims arise for holiday payment, redundancy and ordinary pay.

In all cases the starting point is the content of employment which is usually written although may just be one page or a booklet from WH Smith.

Discrimination cases can be complex and can cover race religion belief age gender sexual orientation disability gender re-assignment marriage civil partnership pregnancy and maternity.  If, for example, say your claim is placed on race you will need to state what the employer has done that you believe to be unfair, and why you think that is linked to your race.  If the employer is grumpy and rude, he may be grumpy and rude to everybody.  You have to show that he singled you out and singled you out because of your race not just because he did not like you.

Discrimination claims can be direct “I was not given a pay rise because I’m a Muslim” or indirect “In practice I was not given a discretionary bonus when a Christian was” then there could be harassment when you get abuse for being gay or victimisation because e.g. you are bullied or because following putting in a grievance you are no longer invited to company social events.

Disability discrimination is self-explanatory but you have to prove your impairment has a significant and long term impact on your ability to carry out normal day to day activities.  If you are in that category your employer has obligation to make adjustments to your working conditions so that you are not disadvantaged.

Schedule of loss

In your claim the second stage is to award you compensation and that is set out in a Schedule of Loss.  There are rules about how much can be claimed and limits which you can see on the web or get advice from a fixed fee employment lawyer.

Spending less than £500 on preparation could pay off several times over.

“We would be interested in your comments, please leave them by clicking on the title to this blog above.”