Employment-related tribunals: an introduction

Industrial tribunals and the Fair Employment Tribunal deal with legal disputes to do with work.

What do they do?

Industrial tribunals hear nearly all cases involving employment disputes. The Fair Employment Tribunal hears cases to do with political or religious discrimination. Both types of tribunal work in much the same way. They're less formal than some other courts, but you still give evidence on oath and if you do not tell the truth you can be accused of perjury.

Cases are usually heard by a panel of three people - a legally qualified chairperson, and two 'lay members'. The lay members use their employment experience in judging the facts. In some circumstances, the chairperson will sit on their own when hearing any legal arguments for example. There is no charge for making a claim at either tribunal. So unless you are paying a representative, like a solicitor there is no cost in making a claim.

Do you need to go to a tribunal?

It's always best to try to sort out any problems that you may have with your employer through discussion. Before you go to a tribunal, however, you should get specialist advice, particularly about your chance of success. You must:

follow your employer's grievance and disciplinary procedures
check that your claim can be heard by the tribunal
make sure you're within the time limits

It is important to note that in most cases a tribunal won't hear your claim unless you've tried putting in a grievance with your employer first.

How to sort out a problem at work? - more information

Starting the process

The first step that you need to take is to complete a claim form. You can get one from your local Jobs and Benefit office/jobCentre, Citizen's Advice Bureau (CAB) or the Office of Industrial Tribunals and the Fair Employment Tribunal (OITFET):

You can also complete the form online on the OITFET website, CAB can help you complete the form. Use the form to give information about yourself, your employer and your complaint and confirm that you've followed your employer's grievance procedures when necessary.

If you're complaining of unfair dismissal you don't have to have used the grievance procedures, but your employer should have used the disciplinary procedures. Send the claim form to OITFET and they'll send a copy to your employer. Your employer has to respond within 28 days.

Time limits

Most tribunal claims must be made within three months of the incident, but this can vary. Tribunals will only extend the time limit in exceptional circumstances. As OITFET cannot provide advice, you may wish to seek independent assistance if you are unsure about a time limit.

Will your claim go ahead?

The tribunal will check whether you can make the claim. If there's any doubt, there will be a preliminary hearing, usually in front of the chairperson. The tribunal can decide that your claim isn't likely to succeed and order a pre-hearing review to look at the issues. If they think you are unlikely to succeed, they can make you pay a deposit of up to £500. You won't get your deposit back if you lose.

If the case goes ahead, 'case management discussions' can be held to clarify any issues. The tribunal can also ask for further information from you or your employer if they're unclear about the claim.

Settling the issue before a hearing

Try and settle your claim before going to the tribunal as you may not win. You can usually withdraw your complaint at any time before the hearing. The Labour Relations Agency (LRA) offers free and impartial conciliation to you and your employer. The conciliation period varies, for example:

in cases such as wages claims the conciliation period is normally for a maximum period of seven weeks
up to 13 weeks for unfair dismissal
open-ended for discrimination claims

The LRA may try to conciliate beyond the fixed period if it thinks this is appropriate.

The hearing

The tribunal will inform you of the date of your hearing. You don't have to appear in person, but you must tell the tribunal if you want the case to be heard in your absence. When preparing for the hearing, ensure that you have all the documentation that you intend to use. It usually helps to consider things in date order to provide a sequence of events. If you're going to use any documents, you'll need to tell the other side, giving them at least seven days notice before the hearing.

At the hearing, you, or your representatives, and your employer put your cases to the panel and answer questions. The panel will then come to a decision. You can take witnesses to the hearing who can give evidence to support your case. If any witnesses you would like to be there refuse to go, you can ask the tribunal to order them to attend. If you decide to represent yourself the panel will try to make things clear for you.

The procedures are quite informal. Depending on your financial situation, you may be entitled to Legal Aid to help you obtain legal advice on your claim and to prepare your case, but not for representation at the hearing.

Visit the Northern Ireland Legal Services Commission website

If you're a member of a trade union, they may pay for a solicitor. Some household insurers pay reasonable legal costs, but check your policy documents. The Equality Commission for Northern Ireland may be able to help if you are claiming that discrimination has taken place.

Equality Commission for Northern Ireland

Unlike other courts, tribunals don't usually order either side to pay costs unless they decide you or your employer acted unreasonably in bringing the case, or if any representatives at the hearing behaved unreasonably.

Industrial tribunal hearing

What happens if you win?

The tribunal can order your employer to pay compensation, which is unlimited for discrimination or dismissal on health and safety grounds. For unfair dismissal claims the award is made up of the basic award and compensation award:

basic award - calculated based on your on age and length of service
a compensatory award which has a maximum limit of £72,300 (the maximum is rarely awarded)

Up to £25,000 can be awarded for wrongful dismissal or other breaches of contract. Compensation is intended to replace lost earnings. There's no payment for hurt feelings, with the exception of discrimination cases. You have to try to reduce your loss (for example, by getting another job or claiming benefit). The tribunal can order your employer to give you your job back if you win a dismissal case, if you want it.

What happens if you lose?

You can ask the tribunal to review its decision, although the grounds for doing so are limited. It's also possible to appeal to the High Court, which only looks at points of law. So, for example, you can't appeal if you think the tribunal just got the facts wrong. In this case, you have the right to legal aid.

Where can you get help?

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.