Employment Tribunal Lawyers Edinburgh, Tayside, Fife, Central Scotland

The Employment Tribunal service is an independent body that resolves disputes concerning employment rights. Employment Tribunals are less formal than a court hearing and hear cases concerning all aspects of employment law including unfair dismissal, wages, discrimination, harassment and redundancy. Usually, a claim must be made within 3 months of the employment coming to an end, or OF the problem occurring in the workplace. Compulsory Conciliation with ACAS

Before an individual is entitled to bring a claim in the Employment Tribunal, they must inform ACAS of their intention to do so.  An ACAS conciliator will then attempt to resolve the dispute before the dispute goes to an Employment Tribunal. The conciliation period can take one month or can be extended for a further two weeks with agreement by both parties.  If the matter has not been resolved within the conciliation period, ACAS issues a conciliation certificate and the individual is then entitled to issue a claim to the Employment Tribunal.

Fees in Scotland

In order to take a case to an Employment Tribunal in Scotland a fee must be paid. Firstly there is a fee for lodging the claim, and then a fee if the claim proceeds to a full hearing. Fees must be paid in advance of the Tribunal.

The level of fee depends on the type of case presented.  Type A cases cost £160 to issue the claim and £230 to hold the hearing.  Type B cases cost £250 to issue the claim and £950 to hold the hearing.  If the individual wins the claim, the Judge has the discretion to order that the losing party (the employer) refunds the fees.

Employers have 28 days in which to lodge a defence to the claim.   If you have been made aware of a pending Employment Tribunal claim against you, contact our specialist employment lawyer, Ben Thornber, to assist you in making your case.

At the Hearing

The Tribunal is either made up of a Judge sitting alone, or else a Judge accompanied by two lay persons.  At the Tribunal hearing both employer and employee (or their legal representative) will put their cases to a Judge. The Tribunal will normally make its decision on the day of the hearing; however the decision may be sent by post.

If the Tribunal finds in favour of the employee, it can order an employer to:

• pay the employee a basic award in unfair dismissal cases (calculated in the same way as a statutory redundancy payment)
•  pay the employee compensation for loss of earnings
•  in discrimination cases, pay the employee an award for injury to feelings
• pay the tribunal fees
•  Re-engage or re-instate the employee

When calculating loss of earnings, the employee is required to show that he/she has made reasonable attempts to find alternative employment and income.  This is factored into the level of compensation awarded.

Appeals Legal Advice

Where the case is lost, the losing party has the right to:

• ask the tribunal to review the case again
•  appeal to the Appeals Tribunal

A review can be requested in writing within 14 days of receiving the decision, stating the reasons for the review.

Whether or not a review has been requested, a party may appeal against the decision to the Employment Appeals Tribunal.  There is a sifting process for appeals, and in almost all cases only where there is a genuine question of an error of law does it go before the Appeals Tribunal for determination.

Whether you are an individual or an employer, our expert lawyer Ben Thornber can help you through the whole process.