{"id":2542,"date":"2013-04-26T16:36:56","date_gmt":"2013-04-26T16:36:56","guid":{"rendered":"http:\/\/nationwideemploymentlawyers.co.uk\/?page_id=2542"},"modified":"2014-01-31T22:47:01","modified_gmt":"2014-01-31T22:47:01","slug":"employment-tribunals-london","status":"publish","type":"page","link":"https:\/\/natemplaw.co.uk\/employment-tribunals-london\/","title":{"rendered":"Employment Tribunals London"},"content":{"rendered":"

As specialist employment lawyers we attend Employment Tribunals all the time. We represent clients in Employment Tribunals London and nationwide and have a very high success rate. One of the main reasons for our success is the knowledge and experience gained over 20 years. Many of our cases take place in Employment Tribunals London but we represent clients nationwide.
\n<\/strong><\/p>\n

 <\/p>\n

Below we have set out some useful information on Employment Tribunals. We explain how Employment Tribunals work and also how you can contact your nearest Employment Tribunal.<\/p>\n

However, a warning: whilst it is possible for parties to represent themselves in Employment Tribunal this is rarely a good idea. Employment law and Employment Tribunal practice and procedure is much more complex than people realise. In fact we find that Employment Tribunals are often more complex than appearing in a court.\u00a0 In reality it can be disastrous for parties to represent themselves.<\/p>\n

 <\/p>\n

Using our experience against unrepresented parties we have set out below the most common mistakes made and further down we set out some guidance:<\/p>\n

 <\/p>\n

(1) Unrepresented parties commonly get the law wrong to such an extent that a claim or defence to a claim cannot possibly win. If a case has no merit in law an Employment Tribunal can make an Order that your claim\/defence be struck out and that you pay the legal costs of your opponent. It is no excuse that you did not understand the law or that you did not research the law correctly.
\nBear in mind that an Employment Tribunal is not there to reach a moral judgment on whether one party or another has behaved “badly” or “unfairly” as most lay people would understand it. It will decide whether the law has been broken by considering sections of relevant employment statutes (such as the Employment Rights Act 1996 (http:\/\/www.legislation.gov.uk\/ukpga\/1996\/18\/contents<\/a>)) or the Equality Act 2010 (https:\/\/www.gov.uk\/equality-act-2010-guidance<\/a>). This requires a good technical understanding of the law in detail, including the latest reported cases.
\n(2) Parties without representation commonly do not make a claim or raise a defence that would win. Employment Tribunals require the case for each party to be set out in detail. Once the claim or defence has been set out it is very difficult to change it. So if a party does not set out their case according to the correct legal principles this will greatly weaken their case going forward. Very often it will reduce a very good case to one that cannot possibly win.
\n(3) Unrepresented parties often do not ask the correct questions of the other side, either during the preparation of the case or during the hearing itself. This is a skill that requires experience and a very good, detailed understanding of the law as well as in-depth knowledge of Employment Tribunals practice and procedure. If you do not ask the correct questions to support your claim the opposing party is allowed to argue that you have not put your case properly. This can lead to part or all of your case being struck out.
\n(4) It is often the case that unrepresented parties fail to obtain the correct documentation from the other side prior to the hearing. It is fairly common for parties to fail to disclose all of the documents that they should disclose prior to a hearing. There are ways to ensure that all documentation is properly searched for and disclosed to you prior to a hearing so that you can analyse it and comment on it or even ask for additional documents that will support your case further.<\/p>\n

Without all of the relevant documentation the prospect of winning a case is greatly reduced. In fact it can mean that a case that should win does not, in fact, win.
\n(5) Parties without a lawyer fail to draft witness statements correctly, so that relevant evidence is not presented to the Tribunal in a way that is clear. Commonly unrepresented parties have a hopelessly unrealistic view of what a Tribunal can understand in a short time frame. It leads to an Employment Tribunal simply giving up trying to understand an unrepresented party’s case or worse completely misunderstanding it.
\n(6) Unrepresented parties fail to draft a Schedule of Loss or a Counter-Schedule of Loss correctly.<\/p>\n

The Employment Tribunal will ask a Claimant how much is being claimed and to explain in a schedule the calculation for claiming the sum. This should be based on statutes such as the Employment Rights Act or the Equality Act and the subsequent case law.<\/p>\n

 <\/p>\n

Unrepresented Claimant’s will frequently draft a Schedule of Loss claiming huge sums that they are not permitted to claim, making the Employment Tribunal regard them as greedy or slightly deranged and fundamentally undermining them in front of the Employment Tribunal. By way of example, it is not uncommon to see an unrepresented Claimant hundreds of thousands of pounds or even millions. At the same time an unrepresented Claimant will not make a claim for compensation that they are perfectly entitled to claim.<\/p>\n

 <\/p>\n

An employer is often well-advised to submit a Counter-Schedule of Loss. Again this is based on legal principles and if cleverly drafted can ensure that compensation is kept to the minimum or nothing at all.<\/p>\n

 <\/p>\n

The above is just a small insight into the dangers of parties representing themselves. Many unrepresented parties do not realise their error until they get to the Employment Tribunal itself when they discover, to their horror, that they do not understand how to properly present their case as required by Employment Tribunal practice and procedure or the correct legal principles.<\/p>\n

 <\/p>\n

We would urge all parties to seek representation from a suitably experienced specialist employment lawyer, whether it is us or another firm.<\/p>\n

 <\/p>\n

If you are a Claimant and struggling to pay legal fees you should check to see if you have legal expenses insurance (this is often part of insurance policy, such as insurance for your home contents). We have also set out at the bottom of the page agencies that provide free advice.<\/p>\n

 <\/p>\n

If you are a Respondent you would be well advised to join our employer club. This is a subscription service that means that you pay a monthly fee for advice and representation at a reduced rate or without further charge. This can save you a lot of money and ensure that you receive high quality representation<\/p>\n

 <\/p>\n

THE BASICS OF AN EMPLOYMENT TRIBUNAL CLAIM<\/strong><\/h3>\n

Employment Tribunals Practice and Procedure<\/p>\n

Employment Tribunals London and nationwide are governed by the same rule. The Employment Tribunal claim is started by submission of a Claim form (ET1). The Respondent (the employer) to the claim has 28 days of receiving the claim form to lodge a Response Form (ET3).<\/p>\n

There are many Employment Tribunals situated across the UK and we have set out below contact details for the main ones. There are three Employment Tribunals London (based in South London, Central London and East London).<\/p>\n

At the hearing, there will either be an Employment Judge sitting alone or in discrimination claims there will be three members of the Employment Tribunal. The Employment, who sits in the middle, is usually a Barrister or Solicitor. Each side of him are \u201cwing members\u201d who usually come from either an employee or employer background respectively. All three are involved in making the final decision, which can be unanimous or by majority.<\/p>\n

The party with the burden of proof starts and presents their evidence by calling witnesses who can either read out pre-prepared witness statements or more commonly the Employment Tribunal will read to themselves.\u00a0 These statements refer to a common bundle of documents. When the witness has read out the statement, the opposition representative can ask questions of that witness by way of cross-examination. The Tribunal can also ask questions.<\/p>\n

Once all witnesses have been called, the opposition undertake the same exercise calling their witnesses who are subsequently cross examined. When this is concluded, either party has an opportunity of summing up their case and then the Tribunal retires to make its decision. It will either give the decision the same day or notify the parties in writing, called a reserved decision.<\/p>\n

Employment Tribunal time limits<\/h3>\n

Most claims to Employment Tribunals must be made within very strict time limits. In most cases the Employment Tribunal must receive a claim within three months. In dismissal cases the three month period begins from the date that an employee’s employment ended.<\/p>\n

In discrimination cases or complaints of non-payment of wages or holiday pay the three month period begins when the act you want to complain about occurred.<\/p>\n

Period of service<\/h3>\n

In general, in order unfair dismissal an employee must have worked continuously for for not less than two years (if employment began on after 6 April 2012) or one year (if employment began on or before 5 April 2012).<\/p>\n

Although generally at least one year\u2019s continuous employment is needed to be able to bring an unfair dismissal claim, if the dismissal is for one of the reasons below there is no qualifying period.
\nThese are known as automatically unfair reasons and they include:
\nHealth and Safety dismissal
\nPregnancy related dismissal (only if the employer was aware the employee was pregnant)
\nDismissal related to asserting a statutory right
\nDismissal relating to Trade union membership or non-membership
\nDismissal in connection with the national minimum wage
\nDismissal connected with refusing to exceed the 48-hour working week
\nDismissal for whistleblowing
\nEmployers and employees need to be aware that just because someone does not have one year\u2019s service they are not automatically barred from bringing one of the above claims.
\nIf the dismissal is related to discrimination on grounds of Age, Disability, Gender Re-assignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex or Sexual Orientation, there is similarly no requirement to have worked one or two years service year and no limit on the amount of damages the Employment Tribunal can award for unfair dismissal.<\/p>\n

 <\/p>\n

EMPLOYMENT TRIBUNALS NATIONWIDE<\/strong><\/h3>\n

Employment Tribunals are dotted throughout the UK. We represent clients in Employment Tribunals London as well as nationwide. Below is a list of main Employment Tribunals in which we represent clients:<\/p>\n

 <\/p>\n

EMPLOYMENT TRIBUNALS LONDON<\/h3>\n

East London Employment Tribunal
\n2nd Floor
\nAnchorage House
\n2 Clove Crescent
\nLondon
\nE14 2BE<\/p>\n

Phone 0207 538 6161
\nFax 0207 538 6210<\/p>\n

 <\/p>\n

London Central Employment Tribunal
\nGround Floor
\nVictory House
\n30-34 Kingsway
\nLondon
\nWC2B 6EX<\/p>\n

Phone 020 7273 8603
\nFax 020 7273 8686
\nDX Address 141420 Bloomsbury<\/p>\n

 <\/p>\n

London South Employment Tribunal
\nMontague Court
\n101 London Road
\nWest Croydon
\nCR0 2RF<\/p>\n

Phone 020 8667 9131
\nFax 020 8649 9470
\nDX Address 155062 Croydon 39<\/p>\n

 <\/p>\n

SOUTH EAST EMPLOYMENT TRIBUNALS<\/h3>\n

Ashford Employment Tribunal
\nThe Regional Employment Judge is based in London South.
\n1st Floor
\nAshford House
\nCounty Square Shopping Centre
\nAshford
\nKent
\nTN23 1YB<\/p>\n

Phone 01233 621 346
\nFax 01233 624 423
\nDX Address 157160 Ashford ( Kent ) 8<\/p>\n

 <\/p>\n

Bedford Employment Tribunal
\nPlease note all Bedford claims are administered by:
\nHuntingdon Employment Tribunal
\nHuntingdon Law Courts
\nWalden Road
\nHuntingdon
\nPE29 3DW<\/p>\n

Phone 01480 415600<\/p>\n

 <\/p>\n

Bury St Edmunds Employment Tribunal<\/p>\n

The Regional Employment Judge is based in Huntingdon
\n100 Southgate Street
\nIP33 2AQ<\/p>\n

Phone 01284 762 171
\nFax 01284 706 064<\/p>\n

 <\/p>\n

Huntingdon Employment Tribunal
\nHuntingdon Law Courts
\nWalden Road
\nHuntingdon
\nPE29 3DW<\/p>\n

Phone 01480 415600<\/p>\n

 <\/p>\n

Reading Employment Tribunal
\n5th Floor
\n30-31 Friar Street
\nReading
\nRG1 1DX<\/p>\n

Phone 0118 959 4917
\nFax 0118 956 8066
\nDX Address 155830 Reading 31<\/p>\n

Southampton Employment Tribunal
\nSouthampton Magistrates Court
\n100 The Avenue
\nSouthampton
\nHampshire
\nSO17 1EY<\/p>\n

DX 135986 Southampton 32<\/p>\n

Phone 023 80 384200
\nFax 0870 739 4190<\/p>\n

Watford Employment Tribunal
\n3rd Floor
\nRadius House
\n51 Clarendon Road
\nWatford
\nWD17 1HP<\/p>\n

Phone 01923 281 750
\nFax 01923 281 781
\nDX Address 155650 Watford 3<\/p>\n

MIDLANDS EMPLOYMENT TRIBUNALS<\/h3>\n

Birmingham Employment Tribunal
\n1-3 Newhall Street
\nBirmingham
\nB3 3NH<\/p>\n

Phone 0121 236 6051
\nFax 0121 236 6029<\/p>\n

Leicester Employment Tribunal
\nThe Regional Employment Judge is based in Nottingham.
\n5a New Walk
\nLeicester
\nLE1 6TE<\/p>\n

Phone 0116 255 0099
\nFax 0116 255 6099<\/p>\n

Shrewsbury Employment Tribunal
\nThe Regional Employment Judge is based in Birmingham.
\nPlease note\u00a0 that\u00a0\u00a0 Shrewsbury\u00a0 Employment Tribunal\u00a0 staff are\u00a0 based at :
\nShrewsbury Tribunals Service
\nc\/o Magistrates\u00a0 Court House
\nPreston Street
\nShrewsbury Shropshire
\nEngland
\nSY2 5NX<\/p>\n

Shrewsbury
\nAll administration of Employment Tribunal claims for this
\nregion are undertaken at the Birmingham office.
\nPlease contact them with any Employment Tribunal query.<\/p>\n

WEST ENGLAND EMPLOYMENT TRIBUNALS<\/h3>\n

Bristol Employment Tribunal
\nFirst floor
\nThe Crescent Centre
\nTemple Back
\nBristol
\nBS1 6EZ<\/p>\n

Phone 0117 929 8261
\nFax 0870 739 4009<\/p>\n

Exeter Employment Tribunal
\nThe Regional Employment Judge is based in Bristol
\n2nd Floor
\nKeble House
\nSouthernhay Gardens
\nExeter
\nEX1 1NT<\/p>\n

Phone 01392 279665
\nFax 0870\u00a0\u00a0 739 4436<\/p>\n

NORTH EAST EMPLOYMENT TRIBUNALS<\/h3>\n

Manchester Employment Tribunal
\nAlexandra House
\n14-22 The Parsonage
\nManchester
\nM3 2JA<\/p>\n

Phone 0161 833 6100
\nFax 0870 739 4433
\nDX Address 743570 Manchester 66<\/p>\n

Liverpool Employment Tribunal
\nThe Regional Employment Judge is based in Manchester.
\nPlease note all Liverpool claims are administered by Manchester Employment Tribunal (see above).<\/p>\n

Leeds Employment Tribunal
\n4th Floor
\nCity Exchange
\n11 Albion Street
\nLeeds
\nLS1 5ES<\/p>\n

Phone 0113 245 9741
\nFax 0113 242 8843
\nDX Address 742940 Leeds 75<\/p>\n

NORTH WEST EMPLOYMENT TRIBUNALS<\/h3>\n

Newcastle Employment Tribunal
\nQuayside House
\n110 Quayside
\nNewcastle Upon Tyne
\nNE1 3DX<\/p>\n

Phone 0191 260 6900
\nFax 0870 739 4206
\nEmail Newcastle Upon Tyne.
\nDX Address 742283 Newcastle U Tyne 35<\/p>\n

Teesside Employment Tribunal<\/p>\n

Hearing Centre Details for Teeside Magistrates Court
\nNottingham
\n3rd Floor
\nByron House
\n2a Maid Marian Way
\nNottingham
\nNG1 6HS<\/p>\n

Phone 0115 947 5701<\/p>\n

Sheffield Employment Tribunal
\nThe Regional Employment Judge is based in Leeds.
\nPlease note all Sheffield claims are administered by:
\nLeeds Employment Tribunals
\n4th Floor
\nCity Exchange
\n11 Albion Street
\nLeeds
\nLS1 5ES
\nPhone 0113 245 9741
\nFax 0113 242 8843
\nDX Address 742940 Leeds 75<\/p>\n

WALES EMPLOYMENT TRIBUNALS<\/h3>\n

Cardiff
\nCaradog House
\n1-6 St Andrews Place
\nCardiff
\nCF10 3BE<\/p>\n

Phone 02920 678 100
\nFax 02920 225 906
\nDX Address 33027 Cardiff<\/p>\n

FREE REPRESENTATION FOR CLAIMANTS<\/strong><\/h3>\n

If you cannot afford representation you should try one of the following who have volunteers to represent you at Employment Tribunals London as well as nationwide.<\/p>\n

The Free Representation Unit (http:\/\/www.thefru.org.uk\/<\/a>)<\/p>\n

Citizens Advice Bureau (http:\/\/www.citizensadvice.org.uk\/<\/a>)<\/p>\n

Law Centres (http:\/\/www.lawcentres.org.uk\/<\/a>)<\/p>\n","protected":false},"excerpt":{"rendered":"

As specialist employment lawyers we attend Employment Tribunals all the time. We represent clients in Employment Tribunals London and nationwide and have a very high success rate. One of the main reasons for our success is the knowledge and experience gained over 20 years. Many of our cases take place in Employment Tribunals London but we represent clients nationwide.   Below we have set out some useful information on Employment Tribunals. We explain how Employment Tribunals work and also how you can contact your nearest Employment Tribunal. However, a warning: whilst it is possible for parties to represent themselves in Employment Tribunal this is rarely a good idea. Employment law and Employment Tribunal practice and procedure is much more complex than people realise. In fact we find that Employment Tribunals are often more complex than appearing in a court.\u00a0 In reality it can be disastrous for parties to represent themselves.   Using our experience against unrepresented parties we have set out below the most common mistakes made and further down we set out some guidance:   (1) Unrepresented parties commonly get the law wrong to such an extent that a claim or defence to a claim cannot possibly win. If a case has no merit in law an Employment Tribunal can make an Order that your claim\/defence be struck out and that you pay the legal costs of your opponent. It is no excuse that you did not understand the law or that you did not research the law correctly. Bear in mind that an Employment Tribunal is not there to reach a moral judgment on whether one party or another has behaved “badly” or “unfairly” as most lay people would understand it. It will decide whether the law has been broken by considering sections of relevant employment statutes (such as the Employment Rights Act 1996 (http:\/\/www.legislation.gov.uk\/ukpga\/1996\/18\/contents)) or the Equality Act 2010 (https:\/\/www.gov.uk\/equality-act-2010-guidance). This requires a good technical understanding of the law in detail, including the latest reported cases. (2) Parties without representation commonly do not make a claim or raise a defence that would win. Employment Tribunals require the case for each party to be set out in detail. Once the claim or defence has been set out it is very difficult to change it. So if a party does not set out their case according to the correct legal principles this will greatly weaken their case going forward. Very often it will reduce a very good case to one that cannot possibly win. (3) Unrepresented parties often do not ask the correct questions of the other side, either during the preparation of the case or during the hearing itself. This is a skill that requires experience and a very good, detailed understanding of the law as well as in-depth knowledge of Employment Tribunals practice and procedure. If you do not ask the correct questions to support your claim the opposing party is allowed to argue that you have not put your case properly. This can lead to part or all of your case being struck out. (4) It is often the case that unrepresented parties fail to obtain the correct documentation from the other side prior to the hearing. It is fairly common for parties to fail to disclose all of the documents that they should disclose prior to a hearing. There are ways to ensure that all documentation is properly searched for and disclosed to you prior to a hearing so that you can analyse it and comment on it or even ask for additional documents that will support your case further. Without all of the relevant documentation the prospect of winning a case is greatly reduced. In fact it can mean that a case that should win does not, in fact, win. (5) Parties without a lawyer fail to draft witness statements correctly, so that relevant evidence is not presented to the Tribunal in a way that is clear. Commonly unrepresented parties have a hopelessly unrealistic view of what a Tribunal can understand in a short time frame. It leads to an Employment Tribunal simply giving up trying to understand an unrepresented party’s case or worse completely misunderstanding it. (6) Unrepresented parties fail to draft a Schedule of Loss or a Counter-Schedule of Loss correctly. The Employment Tribunal will ask a Claimant how much is being claimed and to explain in a schedule the calculation for claiming the sum. This should be based on statutes such as the Employment Rights Act or the Equality Act and the subsequent case law.   Unrepresented Claimant’s will frequently draft a Schedule of Loss claiming huge sums that they are not permitted to claim, making the Employment Tribunal regard them as greedy or slightly deranged and fundamentally undermining them in front of the Employment Tribunal. By way of example, it is not uncommon to see an unrepresented Claimant hundreds of thousands of pounds or even millions. At the same time an unrepresented Claimant will not make a claim for compensation that they are perfectly entitled to claim.   An employer is often well-advised to submit a Counter-Schedule of Loss. Again this is based on legal principles and if cleverly drafted can ensure that compensation is kept to the minimum or nothing at all.   The above is just a small insight into the dangers of parties representing themselves. Many unrepresented parties do not realise their error until they get to the Employment Tribunal itself when they discover, to their horror, that they do not understand how to properly present their case as required by Employment Tribunal practice and procedure or the correct legal principles.   We would urge all parties to seek representation from a suitably experienced specialist employment lawyer, whether it is us or another firm.   If you are a Claimant and struggling to pay legal fees you should check to see if you have legal expenses insurance (this is often part of insurance policy, such as insurance for your home contents). We have also set out at […]<\/p>\n","protected":false},"author":18,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"inline_featured_image":false},"yoast_head":"\nEmployment Solicitors For Employment Tribunal, London & Nationwide<\/title>\n<meta name=\"description\" content=\"Nationwide Employment Lawyers will seek justice for their clients at a London Central Employment Tribunal. 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