How long do tribunal cases take

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Breadcrumbs Home Advice Dealing with problems at work. Tell Acas you're making a claim If you want to make a claim to an employment tribunal, you must tell Acas first. Making a claim to a tribunal can be time consuming and difficult for everyone involved. Employment tribunal fees You do not have to pay a fee to make a claim to an employment tribunal. Time limits A claim to an employment tribunal must usually be made within 3 months less 1 day.

If it's a claim about redundancy pay or equal pay, the claim must be made within 6 months. Acas must receive your early conciliation notification before the end of the limitation date, including during the coronavirus COVID pandemic. Print Download. Employment Tribunal claims can take a long time.

The average time between starting a claim and receiving a decision is 27 weeks. This will, however, depend upon a number of factors, such as the type of claim being heard, the number of witnesses being called to give evidence as this will affect the length of the hearing , the location of the hearing and how busy that particular Tribunal is as this can affect availability.

In some cases, it could take more than a year from start to finish. Any Claimant or Respondent can choose to represent themselves at the hearing but this decision should not be taken lightly. Often the parties will instruct a legal representative such a solicitor or barrister who is experienced in employment law. The reason for this is that each party will have the opportunity to question the other, based on the contents of any witness evidence exchanged prior to the hearing in the form of a witness statement.

This is known as cross-examination. In order to ask the right questions and win the case, this often requires a certain amount of skill.

Any leading questions are forbidden and once witness evidence has been heard, both parties will need to make legal submissions in support of their case. This includes making reference to supportive case law. On arrival, you will need to sign in at reception and advise whether you are attending as the Claimant or Respondent or whether you are a witness for either party. You will then be sent to a waiting room and allocated a clerk who will liaise with you or your representative and collect any necessary bundles or papers prior to the commencement of the hearing.

You will be advised when the Judge is ready to hear your case and informed where to go at that time. The Claimant and Respondent are provided with separate waiting rooms. Other Claimants and Respondents may also be in the waiting rooms as there is often more than one case being heard on the same day.

You can use the waiting rooms as a base throughout the course of the day. Additional breaks may be given for someone with a disability and the Employment Tribunal should be informed of any specific requirements prior to the hearing. At the start of the hearing, the panel members will introduce themselves and the Judge will decide which side will give their evidence first the Claimant or the Respondent.

In an unfair dismissal claim, the employer usually goes first as the burden is on them to prove that the dismissal was fair. In a discrimination claim, the employee usually goes first as they have to establish a prima facie case of discrimination before the burden of proof shifts to the Respondent.

Ultimately, however, this could change and will be at the discretion of the Judge. Both parties will then have an opportunity to cross-examine the other side and their witnesses.

Each witness will be called up to the witness table where you can be seated and will be sworn in. This will either be on the bible or otherwise, depending on whether you are religious. At the witness table, you should have in front of you a copy of the agreed Bundle and your witness statement.

You can refer to this during the course of cross-examination for assistance. Any questions will be based on the contents of the witness evidence already provided and leading questions will not be permitted. During the course of giving witness evidence, the Judge and panel members will also ask questions. Once all of the evidence has been heard, both parties can then make submissions the summing of their case and any relevant legal arguments.

The Judge will then adjourn the hearing to make a decision. In the majority of cases, the Judgment will be reserved and a decision will be sent out in writing at a later date, following the hearing. Occasionally, a decision will be given on the same day. When being asked a question, you should listen to the actual question being asked and try to answer yes or no in the first instance.

You can then expand on your answer further if this is necessary. Try to remember the question as often when nervous, witnesses will start talking about something else that is not relevant to the question and may say something that was not necessary or helpful to the case. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies.

Hide this message. Home Crime, justice and the law Courts, sentencing and tribunals. Make a claim to an employment tribunal. When you can claim You can make a claim to an employment tribunal if you think someone has treated you unlawfully, such as your employer, a potential employer or a trade union. Unlawful treatment can include: unfair dismissal discrimination unfair deductions from your pay This guide and the online service are also available in Welsh Cymraeg.

Your trade union may be able to pay for a solicitor. Print entire guide. Related content Solve a workplace dispute Being taken to an employment tribunal Dismissal: your rights Redundancy: your rights Employment tribunals powers: their use and application What to expect coming to a court or tribunal.

Brexit Check what you need to do. Explore the topic Courts, sentencing and tribunals Redundancies, dismissals and disciplinaries. Is this page useful?