We are a firm of solicitors that operates exclusively in all areas of employment disputes. We are able to pursue or negotiate a claim on your behalf and can provide you with representation anywhere in the United Kingdom. Employment Tribunals hear applications (sometimes called Grounds of Complaint) from employees relating to employment matters. Most commonly the Employment Tribunal will hear claims from employees relating to unfair dismissal, redundancy payments, equal pay, breach of contract and sex, race and disability discrimination claims. The comprehensive list known as a ‘jurisdiction list’ can be obtained from your local Tribunal office.
An employee should bear in mind that there are some claims which are excluded from the Employment Tribunal’s jurisdiction. These can include claims which are seeking to recover compensation solely for personal injury unless the personal injury is linked to a sex, race, or disability discrimination claim (and some others). Other types of claims excluded from the Employment Tribunal’s jurisdiction include claims made in relation to restrictive covenants in employment contracts.
The application will be heard by three members of the Tribunal. The Chairman, who is legally qualified, will sit and preside over the proceedings and he will be flanked by two wing members, one of whom is a nominee from an employers organisation and the other from a trade union.
Generally a ‘Claimant’ who is bringing a claim for unfair/constructive dismissal must lodge his or her claim with the appropriate Employment Tribunal within 3 months (less one day) from the date of dismissal e.g. If Jane is dismissed on the 9th June 2004. To ensure Jane does not miss the deadline, she must lodge her claim by the 8th September 2004. With sex, race and disability discrimination claims it is important to note that the three month time limit would run from the date of the last act of discrimination. It is quite possible that the last act of discrimination could be the dismissal itself. It is to be noted that some time limits are now automatically extended under the Employment Act 2002 (Dispute Resolution) Regulations 2004.
An employee must send their application to the Employment Tribunal which has jurisdiction to hear their claim. You will need to establish which Tribunal deals with the area postcode where you were employed.
Once you have filed your complaint, it will be served on your previous employer by the Employment Tribunal and your employer will have 28 days within which to provide their response.
The maximum amount of compensation that can be claimed for unfair dismissal, was increased from £53,500 to the current maximum of £56,800. This is now reviewed annually. Claimants should note that claims relating to sex, race and/or disability discrimination, are not capped at these figures and considerably more may in certain circumstances be awarded.
We offer an initial free consultation for advice either personally or on the telephone. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session. If you would like a free initial assessment of the merits of your case without further obligation, please contact us on 020 7408 1338.
