Acas Early Conciliation
Prior to submitting your claim to the Employment Tribunal, you must adhere to the Acas early conciliation requirement.
Acas is a non-governmental body, which provides free conciliation services for employers and employees to help prevent and resolve workplace disputes. The purpose behind the early conciliation requirement is to require employees to contact Acas at an early stage so that Acas has an opportunity to try to promote the resolution and settlement of employment disputes and thereby avoid, where possible, the need for employees to issue employment tribunal claims.
Any communications with Acas during the early conciliation process are treated as ‘without prejudice’, which means that they cannot be used as evidence if the dispute subsequently does proceed to an employment tribunal hearing.
How to begin an Employment Tribunal Claim
Your claim can be submitted online using a form titled ‘ET1’. Upon submission of your claim online, it will be allocated to the nearest Employment Tribunal office to the employer (or previous employer).
The ET1 must set out the factual and legal basis of your claim. It is therefore an extremely important document. Our experienced team of employment solicitors are at hand to help you throughout each stage of your claim, however given the importance of this form, we would strongly advise you to seek assistance prior to submitting the form to ensure your claim starts correctly.
Once the ET1 has been submitted, the Employment Tribunal office will confirm that it is in receipt of your claim and that a copy has been sent to the employer. The employer will be referred to as the Respondent, with you being the Claimant.
The employer will have 28 days to provide the Employment Tribunal with a completed Response Form ET3. The employer can defend the whole of the claim, defend part of the claim or provide an admission.
ACAS and their continued role in your claim
Even though you’ve already been through early conciliation, an ACAS conciliator will then be in contact with both parties at this stage to see if they can help you to reach a settlement without going to a Tribunal hearing.
Case Management Orders: – What are they?
Once the employer has submitted its response, Case Management Orders will be provided to each party. Case Management Orders are effectively a timetable produced by the Employment Tribunal setting deadlines that each party must adhere to. These deadlines are, for example, producing and exchanging witness evidence, preparation of a schedule of loss and disclosure of relevant documentation.
Employment Tribunals are becoming increasingly strict in relation to compliance with orders, so it is important to ensure that deadlines are met. Repeated failures to comply with directions can lead to a claim being struck out, and a risk of having to pay costs incurred by the other side.
When will my Employment Tribunal Hearing be held?
Given the Covid-19 pandemic, the likelihood is that claims submitted in the autumn of 2020 will not be provided a hearing date until the summer of 2021. However, this is dependent on a number of factors, including the complexity of the issues in the claim, the number of witnesses each party is seeking to rely on and the caseload of different Employment Tribunal offices.
Furthermore, due to the Covid-19 pandemic, all Tribunal hearings are currently being held by telephone or video conferencing.
What happens at the Hearing?
In most cases, the Employment Judge will allow you, as the Claimant to speak first and call any witnesses to support your case. Bear in mind that everyone giving evidence will be under oath and liable to perjury charges if they are shown to have spoken dishonestly.
The employer has the right to cross-examine you and state their case, before the Employment Judge asks their own questions. You will then be afforded the same opportunity in respect of the employer and their witnesses. Once all the evidence has been heard, the Employment Judge will then give their decision. The Employment Judge will often notify you of the decision by post. Importantly, this judgement is legally binding, so both you and the employer must comply with its terms.
Conclusion
In conclusion, submitting a claim to the Employment Tribunal and the next steps involved are a serious undertaking for an individual to take. We at Hallett & Co appreciate that it is essential for you to take clear, concise and cost effective advice from a legal adviser on the merits of your potential claim and each subsequent stage.
If you are considering submitting a claim to the Employment Tribunal we strongly encourage you to contact a member of our experienced employment law team before doing so on the contact details provided.
