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Employment Tribunal Hearings, Fees & Appeals Guidance

While you can represent yourself at a Tribunal, the pressures of business and the technical legal aspects often make this an impractical option. It makes sense to instruct an expert employment lawyer to represent you at an Employment Tribunal instead.

For employees, while you can represent yourself in a Tribunal, it is a daunting process. We will guide you through the process and represent you at the hearing.

  • Employment Tribunal Lawyers Edinburgh, Tayside, Fife, Central Scotland
  • Employment Tribunal Fees in Scotland
  • At the Hearing
  • Employment Tribunal Appeals Legal Advice

Contact Us – Employment Tribunal Legal Advice & Representation

Ben Thornber

Ben Thornber

Employment Tribunal Lawyers Edinburgh, Tayside, Fife, Central Scotland

We advise clients in Fife, Lothian, Tayside and across Central Scotland.

If you are looking for clear, practical help regarding employment tribunals from a real expert, give Ben a call today on 01383 27 2000 or fill out our online enquiry form – arrange your initial discussion about employment tribunal proceedings or any employment issue today.

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.

Enquire

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Ben’s Top Tips

Three top things to think about before dismissing someone

  1. Could they do another role?
  2. Have you carried our fair process?
  3. Is it appropriate to have a protected conversation?

Read more

Contact:

01383 27 2000

info@thornberhrlaw.co.uk

© Copyright Thornber Employment Law Ltd

Ben Thornber is a solicitor with a current practising certificate.  He meets the requirements of a being `qualified lawyer’ and `relevant adviser’ for the purposes of advising on settlement agreements.  Any legal and HR advice Ben Thornber provides through Thornber HR Law is covered by a contract of insurance.  However, Thornber Employment Law Ltd (t/a Thornber HR Law) is not a law firm and is not regulated by the Law Society of England and Wales or the Law Society of Scotland

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Call us on:

Dundee – 01382 339071
Dunfermline – 01383 272000
Edinburgh – 0131 644 3445
Glenrothes – 01592 373991
Grangemouth – 01324 289105
Kirkcaldy – 01592 373991
Livingston – 01506 309771
Perth – 01738 310565
Stirling – 01786 608668

Ben Thornber is a professional and competent employment lawyer. Having worked with Ben for only 3 months, he has quickly gained a grasp of how we work and what our business needs are.

Emma NivenManaging Director, Loch Leven’s Larder

You were highly recommended to us, with regards to our re-draft of our Contract of Employment and Handbook. From the start to the finish you were very helpful, friendly, efficient and professional. We will not hesitate in recommending Thornber HR Law to anyone. Thanks once again for a first class job.

Wendy Turnbull

Ben, many thanks for all your help with our employment contract review. For a change it was really good dealing with a real expert who knows exactly what he is talking about.

David Shuster Managing Director, Managed IT Experts

I can safely say that Ben stands out head and shoulders above anything that even the largest Blue Chip companies can throw at you.

Philip OldhamCEO Lyle and Scott Ltd

The service provided by Ben was exceptional from the initial meeting to completion. I have no hesitation whatsoever in recommending and using Ben Thornber HR Law.

Alexander Cruickshank, Director AMC Removals Managing Director, Managed IT Experts
The advice we receive from Thornber HR Law is straight forward, legally sound and commercially viable. Ben is always available and very easy to understand and communicate with.
Tommy BrodieSenior Agent, NFU Mutual Insurance

I would highly recommend Ben and Thornber HR Law as a company for businesses both large and small

Neil AlexanderDirector, Eclipse-IP

The service that you gave was timely, needed and most importantly ensured piece of mind

John Somerville JM Services
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