5.1a Employment Tribunal

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Unit 5

1a)
Employment Tribunal procedures both before and after the hearing
Even though you have received a notification letter that a former employee has made a claim for unfair dismissal, I would suggest sending a letter to the employee, offering conciliation through ACAS. Conciliation can help resolve a dispute without the need of a tribunal hearing. An agreement called COT3 reached with the assistance of ACAS to resolve a tribunal claim is legally binding on the parties and removes the claimants (Joe’s) rights to pursue his claim in an employment tribunal. This can be a less time consuming and costly way to sort out a dispute.
On the possibility that Joe declines this offer and would still like to proceed with tribunal, I would like
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If you fail to show a reason indicating that it was a fair dismissal, the employment tribunal can order you as rhe employer to re-instate, re-engage or pay compensation to your former employee joe.
Before the hearing:
You will be given a confirmation letter atleast 14 days’ before the hearing.
You must arrange for witnesses to attend in advance and also organise and prepare the following documents:
-pay slips
-details of a pension scheme
-notes from relevant meetings
-a contract of employment
Types of contracts that may have used: Job advertisement, Job offer letter, Verbally agreed contract during interview, Emails, Custom and practice.
The claimant may ask for documents and you can also request documents from the claimant.
The tribunal will usually issue an order for you to exchange documents.
You will also be sent a letter telling you how many copies of each document to bring to the hearing.
The Preliminary Hearing
You may be asked to go to a preliminary hearing. This is an initial where the judge will make a decision on the date and time of the hearing and how long the hearing should take.
The tribunal will let you know if you’ll have to give evidence or provide any extra information.

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