Home » The Employment Tribunal Process

The Employment Tribunal Process

Time Stamped Show Notes:

27s: What does Kevin McNerney do? He is a barrister at St John’s Chambers.

1min 13s: What does he do in his spare time? He is a cyclist and he likes to play squash, he likes to improve everything.

1min 39s: What is his work history? He has been in private practice for 10 years, before that he was with the Royal College of Nursing for 14 years as an in house barrister as senior legal officer for North England.

2mins 28s: Why did you want to be a barrister? He loves it, he loves to persuade people.

3mins 34s: How to start the process of an employment tribunal claim.

  1. Lodge a grievance – write a short letter of what you find to be unacceptable
  2. Then talk to an employment lawyer

4mins 54s: Call ACAS if you are still aggrieved. If you have a claim engage ACAS in Early Conciliation which is when you get both sides to agree. You have the employment tribunal after.

6mins 17s: The time limit for Early Conciliation via ACAS is within 3 months. You can then put the claim into the employment tribunal.

7mins 51s: What if it isn’t settled via ACAS? You then put a claim in. Lawyers draw the claim up in a format for the employment tribunal which includes the ET1 form and the employer would put in the defence in an ET3.

8mins 39s: Both sides prepare the case for court. The employment tribunal judge will have a telephone hearing to discuss case management and when to exchange the documents, then set a date for the hearing.

9mins 37s: When can a case settle? At any point.

10mins 06s: How do you call a judge? You address them as either Sir or Ma’am. Normally there is just one judge or a panel of 3 if it’s for something like whistleblowing. This would consist of an employment judge lawyer, one from the industry and one from the trade union.

10mins 54s: What should you wear to a hearing? There are no rules but you get more respect if you dress smarter.

11mins 23s: What do the lawyers wear? There are no wigs, it’s quite informal. Everyone sits down, it is miles from things like the crown court on TV, it’s polite.

12mins 11s: Are members of the public allowed in? Yes, you can have a private hearing but it is rare.

12mins 35s: Do you have any advice? Get an employment lawyer, see if you have household insurance to pay for it. The union would also pay and there are funding streams. Try Citizens Advice Bureau, the law centre. Some barristers can do it on a pro bono basis.

13mins 57s: Do you get the judgement there and then? They will either say to come back in a few hours or they will let you know in writing several weeks later.

14mins 32s: Once you’ve got the judgement, can you appeal the decision? The grounds of appeal are narrow. Only if the judge misunderstood or misapplied the law which governs the situation, the question of fact is unappealable.

15mins 13s: Can they review the decision? If you have lost, you can ask the judge to review if there is new information which was available before.

15mins 38s: What should you do the day before? Reread the witness statement. Think what is crucial for me to win? And what do I need to prove? Think about all the questions you need to bring answers in your case.

Kevin-McNerney

social

Share Podcast

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
Email
Share on print
Print

get in touch

[email protected]

Harrogate 01423 788 538
Leeds 0113 483 1200

We’re not like
other law firms

Ethically driven

Truth Legal was founded on the idea of putting ethics at the centre of legal services. 

Ethical working is at our core: in treating people fairly, being open and honest, and taking social responsibility. We sponsor a large section of woodland near Harrogate, planting a tree for every one of the clients we represent.

Real lawyers, real people

We believe a good lawyer shouldn’t just offer technical expertise, but a real understanding of what you’re going through and how best to help you. 

Above all, our team are dedicated to their clients – whether that is guiding them through legal complexities, securing compensation, or simply fighting for what’s right.

We won’t blind you with jargon – we give advice clearly. And when technical terms can’t be avoided we explain them in full.

Exceptional service

In contrast to some firms, we don’t overload our lawyers with cases. Our team provide clients with a more personal service, meaning we can dedicate the proper time to your matter.

Just read our client reviews to see what a difference this can make.

Fill out our quick online form with your details and we’ll come back to you

Consent(Required)

© 2022 Truth Legal Ltd is registered in England & Wales (08031477), VAT Registered (135 2552 31),
Authorised and Regulated by the Solicitors Regulation Authority (568741).

Website by browndog.agency