Representation at an Employment Tribunal

13th July 2021

The Employment Tribunal process – What you need to know

Welcome to the first episode of our two-part series on employment tribunals. In this podcast Employment experts Clive Dobbin, Claire Merritt and Andrew Willshire cover the key steps in presenting a tribunal claim, and what employers should do in response to a claim.

Show notes
01:10
What is ACAS early consiliation and what do you need to do? We chat through how this process can help you address issues early and how ACAS can mediate.
More information: www.acas.org.uk/early-conciliation
03:50
What is our advice for employers about ACAS early consiliation? Should you engage and what are the benefits?
05:25
Are ACAS overburdened and what are the implications?
06:30
We cover how an employee presents a claim to the tribunal and what documents are required.
Access an ET1 form: www.gov.uk/government/publicat…t-tribunal-form-et1
07:55
We discuss what makes a claim acceptable
08:30
How much detail should an employee include in the claim? They must be concise and clear.
09:10
Should you attach documents in your initial claim submission?
09:50
What happens when you receive a claim as an employer? There are strict deadlines in this process, so explain the importance of this.
11:05
Our experts guide you through submitting an ET3 form, verifying the information that the employee has submitted, and when you have your opportunity to submit your version of numbers, dates etc.
11:50
When should you be instructing a solicitor and information gathering and submitting your response?

13:10
So the claim and response have been submitted – what happens now? We also discuss when a preliminary hearing is necessary.
14:22
Who attends a preliminary hearing?
15:00
What evidence do you need to defend a claim? We also discuss the process of ‘disclosure’ – what is this and how long does it take?
17:50
Our experts talk through the role of witness evidence
18:40
What should you do if you feel there are documents missing in the disclosure?
19:55
Employment tribunal costs – can you reclaim costs if you are successful in defending your claim?
22:00
Reaching a settlement – our lawyers answer key questions such as what options are there for settlement once a claim has been presented? Are settlements always done through ACAS?
25:05
The role of mediation – how does it work through the employment tribunal process, and how successful is judicial mediation?
25:45
How has COVID-19 affected the employment tribunal process? We know the employment tribunal is struggling to cope at the moment, so how does this affect when a final hearing can happen?