This information is relevant for both claimants and respondents.
Once the claim and response have been received, there may be some issues which need to be dealt with before the claim can be decided.
For example, you may require further information from the other party. The Tribunal may give directions or orders on this and other matters relating to your case, which you must follow. If witnesses are vital to the case but will not come to the hearing freely, you can ask for a witness order to make them attend.
If you decide that you need more information or documents from the other party, you should ask for this in writing, giving a reasonable time limit for responding. If they do not provide the information you have asked for, you should write to the tribunal as soon as possible enclosing a copy of your written request and ask the tribunal to issue an order.
The tribunal can also decide that more information is needed from either party to clear up a particular matter.
In some cases, the tribunal may hold a case-management discussion to deal with these matters. This will be held by an Employment Judge on his or her own and you and the other party will be invited to take part. It may be held over the phone or in person. If you do not carry out or comply with any order made by the tribunal your claim or response may be struck out, or you may be ordered to pay all or some of the other party's costs.
- Will my case be heard on the date given?
- Can I ask for the hearing to be postponed?
- Can I withdraw my claim?
- What if the case settles?
In general, a case can only be brought under unfair dismissal law if you have been working for your employer for at least 51 weeks and 1 day, unless you are dismissed for reasons such as:
• Exercising (or attempting to exercise) a statutory employment right (such as maternity leave).
• Becoming pregnant.
• Joining (or refusing to join) a trade union.
• Any form of discrimination.
• Health and Safety issues.
We can offer a “No win no fee” arrangement for appropriate cases. We can also deal with clients on a fee paying basis or fixed fee basis, depending on your personal circumstances. Your household insurance may provide legal cover that covers the costs of obtaining legal advice. You may be able to obtain free legal advice from the citizens advice bureau, your trade union or professional organization. We offer a free telephone evaluation of your problem call today on 0208 795 8375 or fill in our online enquiry.
The majority of claims in the Employment Tribunals must be brought within three months of the date of dismissal or the date of the act of discrimination complained off. That is three months less one day. It is important that you take advice as early as possible in order to safeguard your rights to bring a claim. Call today for a free telephone evaluation of your problem on 0208 795 8375 or email us your online enquiry
The Tribunal will try to deal with your case as quickly as possible but delays can happen.
For example, the case before yours could take longer than planned. Employment Tribunals are paid for by the taxpayer. As a result the Tribunal will aim to deal with as many cases as possible during each day. This may mean some cases are 'unallocated' and will be heard as soon as there is a tribunal available. If it becomes clear that a tribunal cannot hear your case that day, a clerk will tell you as soon as possible.
If you have a good reason for requesting that your hearing be postponed, you must make your request in writing by post or email, as soon as possible giving full reasons for your request. You should also send a copy of your request to the other side so that they are aware of it.
An Employment Judge will decide whether it is in the interests of justice to grant a postponement and they may want the views of the other side before reaching a decision. You should not assume that your request has been granted unless we have confirmed this to you.
If you or the other party (or somebody else acting for you or the other party) fails to appear at a hearing, the tribunal may decide the case in your, or their, absence.
You may withdraw either all or part of your claim at any time before or during the hearing. If you want to withdraw your claim, you must do so in writing to us. You should also tell the respondent that you are withdrawing your claim. You must do this as soon as possible.
If your case settles before the Tribunal hearing, you should let us know immediately. If your case is settled using ACAS, the conciliation officer will let us know.
If you are the claimant and you decide to withdraw your claim, you must do so in writing. You must also tell the respondent that you are withdrawing your claim. You must do this as soon as possible.