If you have been taken to an employment tribunal by an employee or someone else, you need to know what to expect. As an employer, there are certain things to expect before the actual hearing and during the hearing. Preparing for this will ensure that there are no surprises along the way.
Before The Tribunal Hearing
Before the tribunal hearing, you will receive a letter confirming the date and time 14 days in advance. You will need to take this time to prepare your documents and arrange any witnesses. It is important to note that you may be asked to attend an initial hearing or preliminary hearing with the judge.
This is done to decide certain things like the date and time of the hearing. The length of the hearings will also be determined at this time. The tribunal will inform you if you need to give evidence or provide any additional information.
At The Hearing
The tribunal hearing will generally be held in the employment tribunal office that is closest to where you work. It is important that you take all of the documents that you are going to need to support your case. You will not be able to claim expenses for going to the hearing.
During the hearing, you will need to present your case to the tribunal. It is possible to seek legal advice from a solicitor who specialises in employment law to do this for you. The claimant will also present their case against you.
During the hearing, you could be asked questions by the judge and by the claimant. In certain types of tribunals, you may also be asked questions by 2 other tribunal members. You will need to answer all questions honestly.
Getting A Decision
After the cases have been presented, the tribunal will make its decision. This will not occur on the same day as the tribunal and you will be sent the decision in writing.
This will generally occur a few days to weeks after the hearing. It is important to note that there are certain cases where the decision of the hearing is immediate and given at the time of the tribunal.
If you have won the case, you will not be awarded any form of compensation. However, if it was found that the claimant acted in an unreasonable manner or that their case had no chance of success, you could be given the costs by the tribunal.
If you lose the case, you could be ordered to give the claimant back their job and pay expenses.
If you’d like to talk to an employment expert then please contact us today.
Disclaimer: The contents of this article are for information purposes only and should not be relied upon as formal legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Specific legal advice should be sort tailored to the individual circumstances in all cases.
For any information relating to our services please give us a call and we will be very happy to help.