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Making an employment law claim

Having a dispute or making a claim against your employer can be incredibly daunting and lead to worry about how you will be treated at work, or what will happen to your job, fortunately we’re here to help.

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Your claim journey

A claim like this is typically brought before the employment tribunal, which follows a strict set of guidelines and procedures. We will always advise on the best way to help resolve the situation you’re going through. Our priority is on getting you the swiftest, most effective resolution we can so our first option will always be to go through mediation to settle any disputes. Should your case still proceed to court we will support you through the following process.

ACAS early conciliation

The first step in bringing an Employment Tribunal claim is to register the claim with ACAS Early Conciliation – which you can do here.

The first step in bringing an Employment Tribunal claim is to register the claim with ACAS Early Conciliation – which you can do here.

A claim cannot be issued without having completed this process. ACAS contact the other side to try and reach an amicable solution via conciliation and the conciliation period can be up to 6 weeks. We can offer you guidance and support through the ACAS process.

Issuing your claim

If your claim is not resolved via conciliation, then ACAS issues a certificate saying you have completed this process.

If your claim is not resolved via conciliation, then ACAS issues a certificate saying you have completed this process.  Once you have this, a claim needs to be issued to the Employment Tribunal within the prescribed time limit – which can be done online here.

Employment Tribunal deadlines are complex, and you should take specialist legal advice in relation to this. However, in most cases you will have a month after you have received the ACAS certificate to issue your claim.

Waiting for a response

The claim form is then sent to the respondent, the employer, and they are given 28 days to formally respond to the claim, setting out whether they admit or deny the claim.

The claim form is then sent to the respondent, the employer, and they are given 28 days to formally respond to the claim, setting out whether they admit or deny the claim. It can take some time for the tribunal to process your claim when it is received. Therefore, depending how busy the tribunal is it can take around 2-3 months to receive the response.

Case management directions

Once the tribunal has the claim and the response, they can then make case management orders to progress the case. The case management orders are the steps both parties need to take to get the case ready for a hearing to decide if you will be successful in your claim.

Once the tribunal has the claim and the response, they can then make case management orders to progress the case. The case management orders are the steps both parties need to take to get the case ready for a hearing to decide if you will be successful in your claim.

These can include exchanging all relevant documents, valuing the claim, preparing documents for use at the hearing and preparing witness statements. The directions are either set by the tribunal alone and sent to you or at a short hearing called a preliminary hearing.

ACAS ongoing involvement

ACAS remain involved throughout the case to try and see if it is possible to reach a settlement. Many cases do settle after the claim has been issued but before a final hearing.

ACAS remain involved throughout the case to try and see if it is possible to reach a settlement. Many cases do settle after the claim has been issued but before a final hearing.

Final hearing

If the case doesn’t settle at an earlier point in the process, there will then be a final hearing to decide if you will win your case. This will be heard at the employment tribunal nearest to the Respondent’s premises.

If the case doesn’t settle at an earlier point in the process, there will then be a final hearing to decide if you will win your case. This will be heard at the employment tribunal nearest to the Respondent’s premises.

The hearing can take anything from a day to multiple days depending on the complexity of the matter and number of witnesses. The tribunal will hear from all witnesses and question them as well as considering the paperwork before reaching a decision. You will also get the opportunity to ask questions of their witnesses and the Respondent will also get to question you about what happened.

If you are successful, the tribunal will then decide what compensation to award to you. This will then be paid directly to you, if the payment does not come through you are able to consider enforcement action.

Help & Advice

Whether you’re a customer, acting on a customer’s behalf, or just wanting to find out more - check out Minster Law's help and advice. Our frequently asked questions, claims journey, and glossary will get you started.