Assistance and aid with employment tribunal claims
Employment Tribunal Claims
Employment tribunals can hear claims from anyone who is or has been employed and has a dispute with their employer. Employment tribunals can also hear claims against trade unions if there is a dispute between the union and one or more of its members.
There are no charges to make a claim to an employment tribunal unless the services of solicitor are required who will need to be paid for. Some unions can help fund the services of solicitors for its members.
A claim for to an employment tribunal can be almost any dispute that is work related.
Before making a claim to an employment tribunal it can sometimes be easier to get the right result using alternative methods. Even just raising a claim informally with an employer can help the situation. Sometimes a dispute may just be a misunderstanding or miscommunication and doesn’t necessitate the use of an employment tribunal.
There is a service from the Advisory, Conciliation and Arbitration Service (ACAS) that can help and give advice with alternatives to making an employment tribunal claim.
To make an employment tribunal claim it must be made within 3 months of leaving employment or within 3 months of the event happening which has caused the claim.
To make a claim to an employment tribunal there is no need for any specialist knowledge of the law. However it is always an advantage to get legal advice and maybe even legal representation at any subsequent tribunals. An employment solicitor can advise on procedures and what evidence may be necessary.
There are many claims that can be made to an employment tribunal, below are a few of the main claims that arise.
The majority of employment tribunals claims regard dismissals, whether actual or constructive. Actual dismissal is when an employee has been dismissed and it is believed this dismissal was unfair. The unfairness can relate to the procedure of dismissal or the reason for dismissal.
Constructive dismissal arises when an employee leaves employment voluntarily because of the conditions of employment. A condition can be that the employer is in breach of contract, such as making an employee work more hours than they are contracted to, so the employee then leaves.
Any reward given on dismissal claims usually reflects a loss of income from losing the job. Sometimes an order for reinstatement can be made by the employment tribunal so the employee can get their job back.
A claim can be made to an employment tribunal with regards to redundancy. One of the conditions of redundancy is to be consulted about any redundancy that is happening. If it appears not being consulted in a redundancy situation has occurred then there might be an employment tribunal claim.
Another type of claim can be made about wages. This can relate to not being paid enough or not being paid the same as over employees who do the same type of work. Sometimes pay disputes can cross over into discrimination if there is reason to believe the employee has been unfairly treated by their employer.
An employment tribunal claim can be made on the grounds of discrimination. This is when an employee has been unfairly treated by their employer and it can be for a number of reasons. Discrimination can include gender, age, race and disability.