3 years of experience in the legal field in England; specialized in property purchase and sale transactions; refinancing; change of property ownership (Transfer of Equity).
The process of applying to the Employment Tribunal in the United Kingdom has its own specifics and depends on the type of employment dispute, the availability of evidence, adherence to filing deadlines, and any prior pre-claim procedures. Employees do not always know that they can protect their rights in cases of unlawful dismissal, discrimination, unpaid wages, or breaches of their employment contract. In many cases, applying to the Employment Tribunal is an effective way to restore justice and receive compensation.
Question
How do you file a claim with the Employment Tribunal?
Answer
If an employee believes their employment rights have been violated (unlawful dismissal, discrimination, unpaid wages, breach of contract), they have the right to apply to the Employment Tribunal. Before submitting a claim, it is usually necessary to go through a pre-claim dispute resolution process via ACAS (Early Conciliation). After that, the employee can submit a formal claim to the tribunal, attaching all available evidence of the violations.
Process of handling cases in the Employment Tribunal:
- The employee submits a claim within the prescribed time frame (usually within 3 months from the date of the rights violation).
- To support the claim, it is necessary to provide the employment contract, correspondence with the employer, payslips, witness statements, or other evidence.
- The tribunal reviews the case, hears both parties, and makes a decision regarding the legality of the employer’s actions, possible compensation, or reinstatement at work.
- If the employee disagrees with the tribunal’s decision, they have the right to appeal to a higher authority.
It is important to keep all documents related to employment: contracts, official orders, emails, and payslips. If there are doubts about the prospects of the case or the correct preparation of the claim, it is advisable to seek advice from an employment lawyer, who can assess the situation and help prepare a legal position.
Employees in the United Kingdom have a number of rights and protections that can be enforced through the Employment Tribunal:
- Protection against unlawful dismissal and discrimination based on gender, age, nationality, religion, disability, or other characteristics.
- The right to timely and full payment of wages.
- Protection in case of breach of the employment contract or wrongful actions by the employer.
- The possibility of receiving compensation for damages or moral suffering.
Question
What should you do if the employer violates your employment rights?
Answer
If an employee has evidence of a rights violation (documents, correspondence, witness statements), they can:
- Submit a complaint to the employer or use the pre-claim conciliation process via ACAS;
- Apply to the Employment Tribunal;
- Obtain legal advice to prepare the claim and protect their interests.
An employment lawyer can help to:
- Prepare documents for submission to the Employment Tribunal labor disputes ;
- Develop a legal position and gather evidence;
- Represent the employee’s interests during hearings;
- Appeal the tribunal’s decision if necessary.
Typical situations where a lawyer’s assistance is needed:
- Unlawful dismissal or coercion to resign? employee rights;
- Discrimination or harassment at the workplace;
- Non-payment of wages or benefits;
- Breach of employment contract terms.
Legal assistance allows employees to effectively protect their employment rights in the UK through the Employment Tribunal. Engaging a lawyer for employment disputes reduces the risk of mistakes in documents, increases the chances of a successful outcome, and helps save time and stress.