If you’ve been treated unfairly at work, whether it be an unfair dismissal, discrimination or matters regarding pay, you have a right to take your employer to an Employment Tribunal.

What to do

Before you apply for an Employment Tribunal, there are a few steps you need to take. Firstly, you should always try to speak to your employer to resolve the issue. If you still wish to go ahead, you will need to contact and notify ACAS to be considered for ‘Early Conciliation.‘ If conciliation is unsuccessful, you will receive a certificate for an employment tribunal claim. You must then apply for the tribunal, and you will have at least 1 month to do this.

You can apply to a tribunal online, and there is also a payable fee depending on individual circumstances. When your employer receives your claim, they have 28 days to respond before an employment judge will take further action.

If you employer does respond, you will then prepare for your hearing with a judge, where the final decision will take place.

What happens if I win/lose my case?

If you win the case, the tribunal could force your employer to pay you compensation, give your job back to you, improve working conditions etc. (obviously this depends on each individual case.) If you employer fails to pay after the hearing you can force them to by sending enforcement officers to collect your money. This however, is a last resort and should you should always attempt to solve this issue firstly without using legal force.

If you lose your case, you may appeal the case or ask the tribunal to reconsider your case. You must appeal within 42 days and/or ask for a review within 14 days. Your employer can also appeal against you, in which case they may not release funds if you win the caae until after the appeal.

As with most circumstances, using force should only be necessary as a last resort. It is important to always try to reason with your employer and speak about circumstances, as this can sometimes be resolved without taking further action. However, this is not always the case, so make sure you know your rights, and where you stand with your employer.

This information was taken from www.gov.uk. If you would like some more information about Employment Tribunals, you can do so here.

If you require any of High Court Solutions services, such as a HCEO, contact us at High Court Solutions today!

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