Tribunal claims, settlement and compromise

Resources

• 

  TS01: What legislation covers the various aspects of tribunal claims, settlement and compromise?

  Legislation dealing with tribunal claims and compromise is listed under separate headings below....
• 

  TS02: What should an employer do when they receive a claim form (ET1) from an employee or ex-employee who is presenting a claim in the Employment Tribunal?

  Before a claim by an employee or ex-employee reaches the stage of the employment tribunal, both parties should....
• 

  TS03: What happens after the response form (ET3) has been filed in the employment tribunal or if it is late?

  Once the ET3 has been filed by the employer, the tribunal sends a copy of the response form (ET3) to the employee....
• 

  TS04: What should the employer put in the response form (ET3) before submitting it to the employment tribunal?

  It is often advisable to obtain advice from a solicitor before completing the response form (ET3). Employment....
• 

  TS05: Can the employer or employee amend their claim or response form after it has been submitted to an employment tribunal?

  Whether the employer or employee can amend their claim form or response form after it has been submitted depends....
• 

  TS06: How does the employer check if the employee's claim in the employment tribunal is in time?

  The main time limits are set out in the table below and should be complied with....
• 

  TS07: In what circumstances do employees have extra time to present claims in the employment tribunal?

  The starting point is that all tribunal claims must be made within the normal time limits. If an employee does....
• 

  TS08: What are the different ways of funding legal costs in an employment tribunal?

  In the vast majority of cases, employers (and employees) involved in a claim in an employment tribunal will have to pay their own legal costs, whether they....
• 

  TS09: Can an employer claim their legal costs in tribunal proceedings?

  In most Employment Tribunal cases the employer will not be able to successfully claim their legal costs. Each side....
• 

  TS10: What is the role of an Acas representative in employment tribunal proceedings?

  The Advisory, Conciliation and Arbitration Service (Acas) has always had an important role in employment tribunal proceedings. This role is set....
• 

  TS11: What does an employer need to do between completing the response form (ET3) and the hearing in the employment tribunal?

  There are a number of stages which may occur after the response form (ET3) has been completed. These may include....
• 

  TS12: Can an employer conduct the proceedings in the employment tribunal without using a lawyer and what is the procedure?

  Yes. The whole tribunal procedure, including the hearing, is designed to be used by employers and employees representing themselves. However....
• 

  TS13: How can an employer stop an employee proceeding with a weak or vexatious claim?

  Employers have sometimes handled a dispute with an employee in an exemplary manner only to find that the employee is still determined to bring a claim...
• 

  TS14: What forms of mediation and conciliation are available to employers to help prevent tribunal proceedings?

  For the last decade various forms of alternative dispute resolution (ADR) have been becoming more popular in employment and other civil disputes...
• 

  TS15: Can an employer or employee use evidence obtained by a secret recording device in employment tribunal procedures?

  Whether an employer or an employee can use evidence obtained by a secret recording device in employment tribunal proceedings is a complex....
• 

  TS16: What is a compromise agreement?

  Over 70% of tribunal cases settle before the hearing stage is reached. It is only possible to settle....
• 

  TS17: Should an employer include warranties in a compromise agreement?

  Yes, an employer should include warranties in a compromise agreement. The Section 203....
• 

  TS18: Why should an employer offer to pay for their ex-employee to have legal advice from a relevant independent adviser before entering into a compromise agreement?

  For a statutory compromise agreement to be effective, a number of conditions from section 203 of the Employment Rights Act 1996 must be met....
• 

  TS19: What problems have arisen for employers entering into compromise agreements to settle Equality Act claims ?

  An unexpected development happened in the field of compromise agreements as a result of the Equality Act 2010. There appeared....
• 

  TS20: Is it safe to start discussing terms of settlement on a 'without prejudice' basis with an employee when a disciplinary or grievance hearing is on going?

  The basic position concerning ‘without prejudice’ discussions is that matters stated in the course of settling a dispute remain ‘secret’ from....