Tribunal Process
Changes occurred on 1st October 2004 to the tribunal process and to the role of ACAS. Employees may now be prevented from presenting a claim at all before an employment tribunal if they have failed to raise a grievance in relation to their employment. An employee’s conduct may reduce any award made to him by as much as 50%. If a claim is brought that is vexatious or otherwise unreasonable, the tribunal may now award anything up to £10,000 in costs against the employee.
The application form to an employment tribunal requires far more detail, including an explanation of the action taken by an employer and an employee. The three month time limit may be extended in cases where the disciplinary procedure has been extended by an employer. The employer’s response will be a three page document.
There is a strict twenty eight day limit on filing the response, otherwise you may not defend the case and the Tribunals will control matters by way of case management conferences adopting the practices in the county courts. This demonstrates how legalistic these tribunals have become, far removed from the original concept of a simple place to air an employee’s complaints. There are strict time limits and cases have to be prepared at a much earlier stage. ACAS are also limited in their involvement, seeking to arbitrate for a fixed period after presentation of the response.
Employers and employees often benefit for our advice and assistance in the heavily regulated area of employment cases, and we offer expert advice in the field of employment law and practice.
