You have received an employment tribunal. Orchard Employment Law answers to 8 frequently asked questions.
- What is an Employment Tribunal?
An Employment Tribunal is a court of law. The proceedings of an employment tribunal are less formal than a court but the decisions are legally binding.
- I have received an Employment Tribunal notice of claim what do I do?
If your business receives an employment tribunal claim form you will need to ensure that you respond to the claim by the date which is printed in the letter. The Claim form known as the ET1 will set out what the employee is claiming. The employer should return the response form also known as the ET3.
The response form can be submitted online or by post. This is a very important document because the judge may refer to it at the tribunal hearing.
- Do I have to be represented by an Employment Lawyer?
There is no legal requirement for employers or employees to be represented by a lawyer in an Employment Tribunal. In fact, tribunals are set up in a way which should allow anyone to pursue or defend a claim by themselves.
There are some benefits to being represented. An Employment Law Specialist is likely to know the procedures and arguments which could help you to win your case. They will have experience of similar cases or knowledge which could mean that you end up with a better outcome.
Often, a tribunal requires a lot of paperwork and an Employment Law business will know just how to manage that.
- How much will an Employment Tribunal claim against my business cost?
There are two types of costs to consider when defending an employment tribunal claim.
One is the cost of being represented can range between £5,000 and £20,000 to defend your claim. Each representative will have their own pricing structure.
At Orchard Employment Law we offer both fixed fees and hourly rates to our clients.
Here is an example of costs you can expect with Orchard Employment Law
| Tribunal Case Based on Complexity: Simple 1-2 Days Medium 2-4 Days Highly Complex 5+ Days | £5,500 -£11,000 £8,500 – £17,000 £17,000 plus |
- I am attending an Employment Tribunal as a witness will I have to give evidence?
We always say that evidence is only as reliable as the person giving it. Although you will be required to provide a written statement of evidence you will also have to answer questions. Questions might be asked by the opposing person, their representative and the Employment Judge.
You might also be asked questions by your own representative.
- Do I have to give an Oath like in the TV shows?
Witnesses at an Employment Tribunal can either choose to give an Oath or an affirmation before giving evidence.
An oath is a religious promise to tell the truth and an affirmation is a non-religious promise to tell the truth. Neither one is considered more trustworthy than the other.
- Will I get to see all of the evidence before the Employment Tribunal hearing?
There should be no ambush or Aha moments in an Employment Tribunal. The Employment Judge will make an order for all parties to exchange evidence and
witness statements before the hearing. That way everyone can feel prepared.
- Do I have to attend the Employment Tribunal in person?
Employment Tribunals have been hearing cases via a secure video link since the pandemic. Sometimes the Judge may insist on the hearing taking place at an Employment Tribunal Hearing Centre. They are dotted all around the country so there should be one near you.
- How can I engage with Orchard Employment Law to act on behalf of my business?
Get in contact with us at www.orchardemploymentlaw.co.uk/contact and we will schedule you for a paid consultation. You will be told what your chances of success are and how much the case is likely to cost.