In order to bring a claim in the Employment Tribunal an employee must do so within a specified time. These time limits are very strict, and once passed the employee will be barred from brining a claim. There is no charge for an employee to bring a claim. Generally, each party bears their own costs in employment tribunal litigations. This means that as a rule, the losing party does not pay the winning party’s costs. However, tribunals do have the power to award costs against either party, depending on the circumstances.
Claims in the Employment Tribunal
Claims in the employment tribunal must be made on form ET1 and there are very strict time limits by which the claim must be lodged. The employer’s response must be on form ET3 and must be sent to the tribunal within 28 days of receiving the ET1. It is possible for an employer to make a counterclaim against an employee.
Compensation in the Employment Tribunal
Once an employment tribunal has heard an employee’s claim they will then go on to decide whether the employee should be awarded compensation. There are various factors that will be taken into account when assessing compensation. For example, has the employee found alternative employment? Did the employee contribute to their dismissal? What would the outcome have been had a fair procedure been followed?
Basic Award
If an employee successfully brings a claim for unfair dismissal the tribunal can award compensation. This compensation comprises 2 elements: a basic award and a compensatory award. The basic award is calculated on the basis of an employee’s age, length of service and gross weekly pay. It is the same as the statutory redundancy award for employees with at least 2 years’ service.
