Industrial tribunal hearing

If you have made an application to an Industrial Tribunal then you will have a hearing. At the hearing a Tribunal panel will review the facts of your case and decide an outcome called a 'judgment'.

The Tribunal hearing

The Industrial 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 are 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 Tribunal and answer questions. 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 their attendance.

You can represent yourself and the Tribunal will try to make things clear for you. The procedures are quite informal. There's no legal aid funding available, but if you are a member of a trade union, your union may pay for a solicitor. Some household insurers pay reasonable legal costs - check your policy documents. In complicated cases you can sometimes get help from Community Legal Advice.

Unlike other courts, Industrial Tribunals don't usually order either side to pay costs unless either:

they decide you or your employer acted unreasonably in bringing the case
any representatives at the hearing behaved unreasonably

If you win

The Industrial 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, which is calculated based on your age and length of service
a compensatory award, which has a maximum current limit of £72,300 reviewable every year although the maximum is rarely awarded.

The Tribunal may make an additional award on top of the two awards above if it orders your employer to re-employ you but your employer does not comply.

For wrongful dismissal or other breaches of contract, up to £25,000 can be awarded.

Recoupment

If you have claimed Jobseeker's Allowance (JSA) or Income Support (IS) since the event, recoupment may apply to your case.

Recoupment prevents double payment. It means your employer may deduct some or the entire amount you claimed in JSA or IS from the compensation awarded to you by an Industrial Tribunal and repay it to your local benefits office.

This rule applies when an Industrial Tribunal makes a monetary award for unfair dismissal and if applicable, for your employer's failure to:

make a guarantee payment in case of compensation for redundancy
pay your wages during a period of medical or maternity suspension
pay a 'protective award' to you if you are made redundant, or about be made redundant
consult workplace representatives in collective redundancy situations

Tribunals in Northern Ireland

In Northern Ireland an Industrial Tribunal deals with most legal disputes to do with work, while the Fair Employment Tribunal deals with disputes about discrimination related to a person’s religious belief or their political opinion.

Further information on how to claim is available from the Industrial Tribunals and the Fair Employment Tribunal website.