Employment Tribunal Claim - How Strong is Your Case?
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- เผยแพร่เมื่อ 2 ต.ค. 2024
- Explaining the process of an Employment Tribunal Claim, and why it is important to seek support, is Terry Falcão, Partner and Head of our Employment team.
To speak to a member of the employment team, or for more information, visit: bit.ly/2TDFg5P
The process of making or defending a claim to an Employment Tribunal after unfair or unlawful treatment can be confusing and, with strict time limits to make a claim, stressful as well.
In this video Terry answers the questions that are frequently asked: How do I make an Employment Tribunal Claim?
What is Constructive Unfair Dismissal? What is Early Conciliation? What is an ET1 claim form? What are the time limits? And what criteria will the Tribunal look at?
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Acas are not helpful at all
Depends on your case
If they don't have much evidence theirs not much they can do
They are not there to help you
This is a very helpful bitesized introduction to what is always a stressful and often unexpected situation. I've been through many redundancies and have never fully comprehended my options, the purpose of "the procedure", or the purpose of "consultation", yet these terms are used all the time and so must have some legal weight. I don't know if you would agree, but it is my view that complaining to your boss, line-manager, colleagues, HR, or even ACAS that "it's just not fair" is not a viable argument. It is up to the individual threatened with redundancy or dismissal to PROVE why it is unfair (or unreasonable to use the correct language) for an employer to be doing what they are doing.
Is the employer acting capriciously? Are they breaking the terms of their employment contract? Are they singling you out for 'special treatment'? Are they acting outside the limits of their powers? Are they following the ACAS rules of conduct and/or the rules of their own HR Policies (e.g. their policy on redundancy)? If the answer to any of these questions is "yes", then how can you prove it. Evidence, itself, is not necessarily "proof", but the more of it you have, then the more the tribunal and your legal advisors have to work with. Evidence and proof are fair more persuasive than pouting and saying "but it's not fair". That's harsh, but what can anyone do with an argument like that?
That said, what *is* unfair is that most people are so shell-shocked and distressed by all that is going on, they cannot think clearly enough to gather all the information they need and follow the alien procedures, or take the assistance which available to them, as the sky is falling on them.
I've made notes from this video and key takeaways for me I shall paste below. But I encourage anyone who is in the same boat as me to watch the entire video and more like it:
Note: at 7:12 in the advice video above:
• Tests in the Tribunal require that EMPLOYERS must:
o Follow fair procedure
o Conduct a reasonable investigation
o Act reasonably
At 7:51: The tribunal will decide if the decision was fair and if the employer acted fairly.
At 8:00: In these cases the tribunal will look at the size of the company and the administrative resources at its disposal when acting in a dispute or in a dismissal procedure.
9:09: An employment tribunal can order re-engagement of an employee, but an employer does not have to take back an employee and pay compensation instead.
10:48: Lawyers will need to see:
• Contract documentation
• Tribunal claims for unfair dismissal
• Compromise and severance agreements
• Disciplinary procedures
• Redundancy and dismissal notices
I have been victimized for defending myself against previous vicitmization. My position is being made redundant under the guise of organizational restucturing.
i am being bullied and i thought it ended as my manager left I reported the matter but was never aloud to raise a grievance about the matters, the bullying stopped and now my new managers come, my supervisor has started mixing my work and causing workplace violence towards me, i think he's worried about me blowing the whistle
hr lied to me i didn't need to raise a grievance as i was making a disclosure , by raising a griavance you make it personal and it was about sagety of others not my own personal worries.
Thank you for the informative contents in this short video explained in simple English.
Thank you great content.
I had a heart attack at work and made it to my supervisors office, said I need help I’m having a heart attack.
He replied you gotta go and walked off. He did not call for an ambulance or the first aider.
My heart has been damaged far more due to delay to care.
How much compensation should I ask for ?
You can ask for loss of earnings if you've been off work due to your heart attack.
THANK YOU SIR FOR YOUR IN DETAILS ADVICE VIDEO
Could you clarify, what an employer can charge for accommodation that comes with the job? Is there a legal threshold? Please could you clarify how this arrangement should be documented, by the employer & employee 🙏
Let's comment- good video, in it?
Thank you Terry this video is so beneficial.
My employer is make commercial settlements. What shall I do?
Please advice me
Thankyou very much for this very helpful info
Thank you very much for this information. 🙏
Thank you
Thank you
Thnks very useful
Thank you this is really helpful.
Is the date of dismissal the last day of your work ( the last day of your notice period ) or the day you’re employer tells you of their decision to terminate your contract ?
The key is the date that termination takes effect, (called 'the effective date of termination') so if you are made redundant but work say 1 month's notice, it's when the notice period ends. If you are dismissed on 1st June and paid in lieu for say, 1 month's notice and leave on 1st June, then that is the effective date of termination. Generally, time limits run from the effective date of termination, but always get advice as soon as you can.
Not all cases need to go through early conciliation - eg whistleblowing dismissal.
That is not actually correct. A claimant does not have to actively conciliate any claim and can simply request the certificate immediately.