Overview

Tribunal claims
On 26 July 2017, the Supreme Court ruled that the regulations introducing tribunal fees in July 2013 were unlawful. Employment tribunals stopped accepting fees with immediate effect. This may lead to an increase in claims, and it is not yet clear whether the government will choose to introduce a new form of fees system at a later date. (For more on this issue, go to What issues arise from the abolition of employment tribunal fees?)

Tribunal claims are inextricably linked with the procedures employers and employees should follow before disputes reach the tribunal (see our Discipline and grievance procedures Q&As).

Dispute resolution procedures in Northern Ireland are slightly different, and Northern Ireland has its own tribunal system.

Compromise and settlement
The important rules currently governing settlement agreements are generally contained in the Employment Rights Act 1996, especially section 203. However, other legislation is also relevant. For example, numerous pieces of legislation all mention the inability to contract out of the relevant employment rights unless by way of a formal agreement.

Q: What fees and costs are payable in an employment tribunal?

Q: What issues arise from the abolition of employment tribunal fees?

Q: What are the fines and penalties?

Q: What should an employer do when it receives a claim form (ET1)?

Q: What is Acas early conciliation?

Q: What is the initial sift stage, and what does an employer need to do between this stage and the hearing?

Q: What happens after the response form (ET3) has been filed, or if it is late?

Q: What should the employer put in the response form (ET3) before submitting it?

Q: Can claim or response forms be amended after submission?

Q: How does the employer check if the employee’s claim is in time?

Q: In what circumstances do employees have extra time?

Q: What are the ways of funding legal costs?

Q: Can an employer claim back its legal costs?

Q: What remedies are available?

Q: How is discrimination compensation calculated?

Q: What is the role of an Acas representative?

Q: Can an employer conduct tribunal proceedings without a lawyer?

Q: Can an employer stop an employee proceeding with a weak or vexatious claim?

Q: What forms of mediation and conciliation are available?

Q: Can secretly recorded evidence be used?

Q: What should an employer do if it does not wish to answer an employee’s questions in a discrimination and/or equal pay claim?

Q: Can an employee sue both an employer and a manager together in an employment tribunal?

Q: What is a compromise or settlement agreement?

Q: What does the law say about the negotiations leading to termination of employment or settlement agreements?

Q: Is it safe to start discussing terms of settlement on a ‘without prejudice’ basis with an employee when a disciplinary or grievance hearing is in progress?

Q: Are termination payments taxable?

Legislation

Future developments

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