Employment Tribunals are the main forum for litigating employment disputes and generally speaking, there is no cost involved for an employee bringing a claim.  It is probably for this reason therefore, and the current economical situation that means employees are finding it more difficult to find work, that the number of claims made to the Employment Tribunals has steadily increased over the years (see Employment Tribunals Statistics).

If an employee makes a Claim against your Company, you will receive a Claim Form (ET1) from the Regional Office of the Employment Tribunals, which will set out the employee’s claim against you.  Enclosed with the Claim Form will be a Response Form (ET3).  You will need to complete and return this form to the Tribunal within 28 days following the date that the Claim was sent to you, if you wish to defend the Claim.  If you do not lodge the ET3 within this time limit, you may receive a default judgment against you, and may not be permitted to defend the Claim.

When the Tribunal receives the Claim Form, they will also send a copy to ACAS. ACAS is an independent organisation who will liaise between the parties to try and resolve the matter.

Preliminary steps may take place during this time, and the Tribunal will more often than not issue Directions for how the case should be conducted in the future.  The Tribunal may also list the matter for a Pre-Hearing Review if there are preliminary issues that need to be determined, such as whether the Claimant is allowed to bring the Claim, whether the Tribunal can hear the Claim and whether the Claim or Response has been made within the specified time limits.