Employment Tribunals

Employment Tribunals guidance:

Acas (the Advisory, Conciliation and Arbitration Service) is a publicly-funded independent organisation which promotes good employment relations and assists employers and...

Practice Note

Background The annual employment tribunal and Employment Appeal Tribunal (EAT) statistics are of interest to employment lawyers for assessing: • any...

Practice Note

The jurisdiction to brings claims in the employment tribunal derives from statute (eg the unfair dismissal jurisdiction derives from the ERA 1996). Time limits for...

Practice Note

Addition, substitution and removal of parties The tribunal has power to add a person as a new party to proceedings, or substitute an existing party with a new person (ie...

Practice Note

The ET Rules classify all hearings as either: • a preliminary hearing (see Practice Note: Preliminary hearings in the employment tribunal), or • a final hearing (see...

Practice Note

UPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing Structures seeking views on how the shared jurisdictions of the...

Practice Note

This Practice Note outlines the types of orders that can be made relating to costs in the employment tribunal, including orders relating to representation, reimbursement...

Practice Note

This Practice Note explains how the damages-based agreement (DBA) regime operates for employment tribunal matters, including: • how DBAs work • enforceability issues •...

Practice Note

This Practice Note sets out the rules that apply to the delivery of documents throughout the course of employment tribunal proceedings. Documents may need to be...

Practice Note

Where some or all of a claim or response has no reasonable prospect of success, the appropriate approach may be to strike it out: see Striking out and unless orders in...

Practice Note

Employment tribunals are now part of the combined Tribunals Service, which is administered by the Ministry of Justice. There are three ways that an employment tribunal...

Practice Note

The employment tribunal has the power to order any person in Great Britain (including, of course, but not limited to, persons who are a party to the...

Practice Note

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for...

Practice Note

Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 amended by Employment Tribunals (Early Conciliation: Exemptions and Rules of...

Practice Note

The nature of early judicial assessment Judicial assessment is an impartial, confidential and provisional assessment of the strengths, weaknesses and risks of the...

Practice Note

Under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the Order), a respondent employer is entitled to make a contract claim (ie a...

Practice Note

On occasion, one or more parties may become unhappy with the tribunal that is hearing the case, or an individual member of that tribunal. This may be, for example, that a...

Practice Note

The overriding objective At the heart of the Employment Tribunal Rules of Procedure (ET Rules) is the 'overriding objective'. The overriding objective of the ET Rules is...

Practice Note

PLEASE NOTE: On 26 July 2017 the Supreme Court handed down its judgment in R (on the application of Unison) v Lord Chancellor [2017] IRLR 911 and declared that the...

Practice Note

During the process of preparing for and dealing with employment tribunal proceedings, employers will need to process, ie collect, organise, use and disclose, information...

Practice Note

UPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing Structures seeking views on how the shared jurisdictions of the...

Practice Note

An equal pay audit is a tool used by employers to identify potential discrimination in the workplace arising from unequal pay for equal work. Some employers...

Practice Note

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 SI 2013/1237 SCHEDULE 3 THE EMPLOYMENT TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE 1...

Practice Note

NOTE THAT THESE RULES ARE NO LONGER IN FORCE. ************************************************************** EMPLOYMENT TRIBUNALS (CONSTITUTION AND RULES OF PROCEDURE)...

Practice Note

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 SI 2013/1237 SCHEDULE 1 THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE INTRODUCTORY AND GENERAL 1...

Practice Note

NOTE THAT THESE RULES ARE NO LONGER IN FORCE, SEE INSTEAD: the ET rules (rules applying from Monday 29 July...

Practice Note

Medical evidence obviously plays an important role in prohibited conduct claims under the Equality Act 2010 (EqA 2010) which rely on the protected characteristic of...

Practice Note

Prior to 6 April 2014, if an employment tribunal found in favour of a claimant, it had only the power to award various remedies depending on the type of claim, and to...

Practice Note

When an ET1 claim is presented to the employment tribunal, there are various reasons why it might be rejected. Even if it is rejected initially, it might be accepted...

Practice Note

In certain circumstances, an interim remedy is available to an employee claiming unfair dismissal before the final hearing of his claim and before any finding of unfair...

Practice Note