60 second guide: to employment tribunals

There are employment tribunals in 28 different locations across the UK and they are able to decide upon over 60 types of claims, including, for example, unfair dismissal, discrimination, whistle-blowing, breach of contract and monetary claims for unpaid wages, holiday pay or redundancy payments. Although it is a court of law and claims will be heard by an employment judge (either sitting alone or with other panel members), an employment tribunal is generally less formal than other courts. It is governed by its own set of rules and its procedures differ from those in the civil courts. Parties can be represented by solicitors or barristers at tribunal hearings. However, they do not wear wigs or gowns. In fact, it is not compulsory for either party, whether employee or employer, to be legally represented during the Tribunal process or at the final hearing as parties can represent themselves if they wish, or could be represented by trade union representatives or non-legally qualified individuals. Up until August 2013, the tribunal system was free to use. However, since then, claimants have had to pay a fee to issue a claim and then pay another larger fee to proceed to a final hearing (unless they are eligible for a fee remission). The amount of the fee depends on the type of claim that is being made, ranging between £390 and £1,200 for claims by single claimants. Generally, if a claim is successful then the tribunal is likely to order the respondent (ie., the employer) to reimburse the claimant for the fees they have paid. Unlike the civil courts, where the losing party commonly pays the winning side's legal costs, in the tribunal, generally, each party is responsible for their own costs. Employment judges do have the power to award costs against a party in certain circumstances, but in practice this is quite rare.