Employment tribunals have in recent times moved away from the “people’s court” approach to a more formal approach due to increased participation of lawyers, where all details are scrutinised meticulously. The process itself is slow, due to the massive amount of information being dissected, which also leads to heftier lawyers’ fees.
Since the changes introduced in April 2014, claims have fallen by 70%. However, in the period October 2014 – December 2014, 4,386 single claims and 14,557 multiple claims were made, proving this remains a popular option for employees.
The changes meant that claimants needed to refer the claim first to ACAS and pay the fee (£250 for unfair dismissal, discrimination and whistleblowing and £160 for all other claims). If the employer’s behaviour was found to be malicious or with aggravating features, a financial penalty (between £1000-5000) could be levied, payable to the government.
If using the employer’s internal grievance procedure, incorrect usage could result in a 25% reduction of subsequent compensation payable, or, if the employer is at fault, a 25% increase.
On filling an Early Conciliation (EC) form, ACAS appoints a conciliation officer to help parties reach a compromise, failing which, an EC certificate is issued. The claimant can then issue a claim (form ET1), and if the conciliation succeeds, parties enter a legally-binding agreement. The claim must be issued within 3 months and a day of dismissal. If the three-month limit occurs before the EC certificate, the deadline is extended by one month from the date of its receipt. All relevant information and witnesses must be provided. Hearings are open to public and press. While appealing is possible, not all appeals are accepted.
