The employment relationship is covered by a combination of contract law (common law) and statute law. Problems in the employment relationship can be dealt with formally or informally by you and your employer. The formal process at work is called a Grievance. If you are unable to resolve the problem with your employer, you must go through ACAS Early Conciliation to file a claim in the Employment Tribunal. You can also sue an employer in the the County Court or the High Court. Most of employment law is civil law. Civil law is when you (the claimant) sue another person (the respondent) for compensation or something else (called a remedy) in a civil court. The facts of your case is called a claim, and each court has a special form on which you write your case, and then submit to the court.
ACAS Early Conciliation Service
ACAS is not a court or a tribunal. The organisation offers ACAS early conciliation which is compulsory before bringing an employment tribunal claim against any employer. ACAS Conciliation is free and can help you get clarity on your options, or settlement so that you can leave work if that is what you want. ACAS has a duty to conciliate in an attempt to reach an agreement between you and your employer before it goes to the Employment Tribunal for a hearing. The time limit for filing your claim is paused whilst the conciliation process is going on. If the ACAS Conciliator decides that conciliation is impossible, or the problem is not resolved (settled) within one month, a Conciliation Certificate will be issued and your claim can proceed to the Employment Tribunal. You will need the Conciliation Certificate for your claim to proceed in the tribunal.
The Employment Tribunal
The decision as to which court or tribunal to start your case in depends partly on the legal issues at stake, and the amount of compensation that you want. A claim to enforce a statutory right against your employer is brought in the Employment Tribunal rather than in the regular courts. The employment tribunal has a jurisdiction list which is a list of the employment law issues that the employment tribunal will deal with, and the codes that are attached to them. The details of your case are written on a claim form called the ET1 and sent electronically or in hard copy to the Employment Tribunals Central office, and your employer replies on a form called the ET3 response form. Cases that can be heard in the employment tribunal include;
- Wrongful dismissal
- Unfair dismissal
- Unfair constructive dismissal
- Equality of terms (Equal pay)
- Unauthorised deductions from wages
There are strict time limits for making a claim in the employment tribunal. The time-limit is usually three months less one day for each issue that you are complaining about. Usually cases are heard by a single judge. Sometimes by a panel of three people, made up of an employment judge who is an experienced lawyer, supported by two lay members.
Rules of Procedure
Employment tribunals have rules about how they work, and what they expect from claimants, respondents and their representatives. These are called the Employment Tribunal Rules of Procedure. You should not start your claim or do anything in the Employment Tribunal without knowing what the rules say about what you want to do. The rules are detailed legal guidelines about;
- starting a claim
- responding to a claim
- contract claims
- case management orders
- withdrawing cases
- the tribunal’s decision
- costs orders
- delivering documents
County Court and High Court
The civil courts work on the basis of a hierarchy. If you lose your case in the Employment Tribunal, you can appeal to the Employment Appeal Tribunal if you believe that the Employment Tribunal did not apply the law properly to your case. The Employment Appeal Tribunal is higher than the Employment Tribunal so decisions of the Employment Appeal Tribunal have to be followed by the Employment Tribunal. The County Court has to follow the decisions of the High Court, the High Court follows the decisions of the Court of Appeal and the Court of Appeal follows the decisions of the Supreme Court.
Some employment cases are brought in the criminal courts. Examples are where an employer breaches certain health and safety laws, or immigration regulations. These cases start in the Crown Court.
Issues such as a breach of contract or negligence go to the County Court if the amount you are looking to claim is more than £25,000.00. If it is less than £25,000 they can be heard in the employment tribunal, but only if the employment contract has come to an end, and your claim is filed within three months of the contract ending. Claims for breach of contract or negligence which are in excess of £50,000.00 are heard in the High Court. In the County Court you start your claim on a form N1.
Cases that are heard in the County Court or High Court include;
- Breach of contract claims about non payment of wages, outstanding benefits and notice pay.
- Accidents at work, also called personal injury claims
- Restrictive covenants
- Other employment contract claims for damages
The time limit for breach of contract claims in the county court is six years from the date of the breach.
Last Updated: [06/01/2022]