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Employment Tribunals – how Lawson-West, Solicitors, can help

As soon as the employer has given the notice of dismissal, an employee can make an application to an Employment Tribunal giving the grounds of complaint. This application must normally be made within three months of the employee’s date of termination. However, there are circumstances where this can be extended. The employee should seek to resolve the issue directly with the employer – eg through a grievance procedure – before applying to the Employment Tribunal. If the employee has not done this, the Employment Tribunal may reduce any compensation awarded to the employee.

The Employment Tribunal will send the employer a copy. The employer is obliged to complete the Employment Tribunal’s forms stating whether they wish to contest the application and why. Lawson-West, solicitors, can help draft the initial response to the claim and advise on how to respond. Lawson-West, solicitors, can also help collate relevant documents and assist with the preparation of witness statements.

There is an opportunity to for the case to be settled by conciliation by an ACAS representative before it is heard by the Employment Tribunal. ACAS settlements often include a mutually agreed amount of compensation. Employees may be entitled to interim relief, depending on the circumstances of their complaint.

Employment Tribunal Hearings first have to establish that the employee was dismissed and then the employer has to show that the dismissal was for a fair reason. The Employment Tribunal then has to consider whether the employee acted reasonably. However, in certain cases, eg constructive dismissal, it may be for the employee to prove that the employer acted unreasonably.

The Employment Tribunal usually announces its decision and then follows this in writing to the employer and employee within six weeks. Both employer and employee have a right to ask for a review and a right to appeal.

If you think that an employee who has been dismissed may apply to an Employment Tribunal or have received a Notice of Appearance at an Employment Tribunal, please contact either Lara Scott or Ashley Hunt on 0116 212 1000 now for guidance or complete the form below.

Employment Tribunals Form

Contact name

* ← required

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Job title

* ← required

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Employer's name

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Telephone number

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Email address

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Best time to Contact?

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Nature of employee's complaint

Enter nature of your employee’s complaint

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What date was the employee's emplyment terminated?

← required

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Have Employment Tribunal proceedings commenced? ← required

Please select:

Yes No

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