Representation in Employment Tribunal and Employment Appeal Tribunal:
Khan McKenzie Solicitors are highly experienced in acting as representatives or advocates in matters that are brought before an employment tribunal or beyond that to an employment appeal tribunal.
If you find yourself in circumstances that require you to take the matter before a tribunal you may be feeling daunted by the prospect; particularly if you are an employee taking on your employer.
Matters that might be brought before a tribunal include cases of discrimination such as gender, age, race, ethnicity; unfair dismissal; unfair deductions from your pay and other circumstances in which you believe that you have been treated unlawfully by your employer, or by a potential employer, or indeed a trade union.
We can advise you from the earliest stages of making a complaint, even to the point of helping you decide if the matter should in fact be taken as far as a tribunal.
In most cases the tribunal is the final stage in proceedings, as by the time the matter reaches the tribunal it will already have been talked through with the other party and may have gone to the ACAS early conciliation service. Our solicitors can also help you through these stages in the complaint, but should the matter not be resolved through these means and a tribunal is the only remaining course of action there are many good reasons why you should consider taking professional advice and seeking assistance in your representation.
It can be a costly business taking a case to a tribunal, as there are fees both for making the claim and for the hearing itself. If you are a member of a trades union they may be able to help you pay for these fees, or you may pay them yourself. The amounts payable differ according to the type of claim being made and can be quite substantial.
Your claim will have to be made within three months of the problem arising, or the termination of your employment.
Once you have lodged your complaint, the other party has 28 days from receipt of your claim form in which to respond in writing. The tribunal will then decide if a hearing is required, or if settlement can be reached without a hearing. In the event the other party not responding, the tribunal can decide on your case without it having to go to a hearing.
In some cases there may be a preliminary hearing with the judge, at which several matters might be decided, such as: whether the whole claim should go ahead, or if only a part of it should proceed; when and where the hearing will take place and how long the hearing is expected to take.
If you find that you need documentation in support of your claim that is held by the other party, such as pay slips or contracts of employment you can request these.
By the same token they can request documentation from you which you will have to provide if you are in possession of them.
Before you go to a hearing you will have to have all necessary documentation in order, and to have arranged for any witnesses you might require to be in attendance.
When you get to the hearing, you will be required to give your evidence first. At this stage you can also call witnesses, and you might be asked questions by the judge or the other party (or their representative).
After you have completed your evidence the other party will go through the same process.
When this has been completed, the tribunal will decide the matter and you will be informed, generally in writing, but you might be told the judgement at the hearing in certain circumstances.
In the event that you win your case the other party may be instructed to pay you compensation, and to reimburse you for hearing fees and expenses.
In the event that your claim is unsuccessful, you can ask the tribunal to reconsider their decision. To do this you must write requesting this, and giving your reasons for doing so, within 14 days.
You also have the right of appeal to an employment appeal tribunal if you believe there has been a legal mistake.
While it might seem a fairly straightforward process to take someone to a tribunal it can be a complex issue, and you may feel that proper representation by a legal professional will ensure that you don’t lose your case because of some technical matter that you have overlooked or misunderstood.
Khan McKenzie Solicitors can act on your behalf in matters such as these. Please contact us at our offices in Wolverhampton or Birmingham.
Keeping in view the financial difficulties of clients, we have tailored very reasonable and affordable costs structure for our clients. If you would like to discuss any matter related to a tribunal, please contact us through phone +44(121)794 2000 or alternatively make an online enquiry and we will respond at the earliest opportunity. We are very flexible in arranging appointments and offer highly friendly and personalized service with very competitive costs.