Employment Tribunal Claims - An ex-employee has claimed unfair dismissal and I've sent the response form back to the Tribunal, what happens next?

If the claim isn't complicated, you will probably be given a date for the hearing and the Tribunal should give you at least 14-days notice of the hearing date. In reality, you are often given more notice than that. You may also be sent written 'directions' - what has to be done, who has to do it and with deadlines for compliance. Can the hearing be postponed? Sometimes the Tribunal itself will postpone a hearing - usually because there isn't a Tribunal available to hear the case. If you wish to ask for a postponement, you should do so as soon as possible in writing, giving as much detail as you can for the reason behind the request. 

The more detail and evidence you provide, the more likely it is that your request will be successful. When the hearing does go ahead, be prepared to spend some time waiting around on the day. What do I do about documents? You may be directed by the Tribunal to exchange documents or a list of documents within a specified time-frame. If not, the booklet 'the hearing guidance for claimants and respondents' states that documents which you intend to rely on at the hearing should be provided to the other side, with at least 7-days notice. If a document is not produced by your opponent and it is relevant, you can make an application that the document is disclosed to you. Any application (including an application for a postponement) needs to comply with Rule 11 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. 

 Do I bring witnesses along? Again, when giving directions, a Tribunal will usually state that witnesses will give their evidence by reading out a written witness statement; and that there will be mutual exchange of witness statements 7 or 14 days before the hearing. A Tribunal can order a witness to attend the hearing by issuing a witness summons. If there is any doubt that your witness may not attend voluntarily, you should consider asking for a witness summons, as your case could fail if a witness is not available to give evidence. 

 Will a decision be made on the day? The Tribunal will aim to give judgment on the day. If that is not possible, for example if there is not enough time or the matter is complicated, it will 'reserve' its judgement and the written decision will be sent to you. If the claim is successful, the Tribunal will expect to deal with compensation/remedy so you should also be prepared for that. The claimant will usually have been directed to provide you with a schedule of loss - a breakdown of what is being claimed. The claimant has a duty to mitigate their loss (usually this will mean seeking alternative employment) and you can challenge what compensation is claimed. 

Published - March 2010This article is provided for general information only. Please do not make any decision on the basis of this article alone without taking specific advice from us. stevensdrake will only be responsible for the advice we give which is specific to you.