Part One: What happens when you submit a claim for unfair dismissal to the Tribunal?

Step 1 - Acceptance/ Non acceptance letters

The rules about Employment Tribunal claims changed on the 1st October 2004. The claim will only be accepted by the Tribunal if it contains all the required information, the Tribunal has power to hear the claim and (from 1 October 2005) is on the correct form (called the ET1 form). You can get this form online by following the link at the bottom of this page. If your claim involves other issues as well as dismissal then the Tribunal may also not accept the form if you have not written a grievance to your employer at least 28 days before your claim.

If the Tribunal does not accept the claim they will write to you with their reasons and inform you what to do to rectify your claim, or how to appeal the decision.

If your claim is accepted you will get a letter from the Tribunal, allocating a reference number and explaining how to get in touch with the Tribunal about the case. If you have a representative the letter will go straight to them, otherwise you will get it. Nothing needs to be done when you get this letter, but it should be kept for reference, as should all papers from now on in relation to the claim. It is useful to set up a file and keep all your correspondence in date order. You will also be informed that ACAS (see below) will only usually be able to offer their services for a limited period and they will tell you the deadline for this.

The Tribunal will also send your claim to your employer.

Step 2 - A letter from ACAS

You will get a letter from ACAS, the Advisory, Conciliation and Arbitration Service. ACAS exists to assist the parties to a claim to come to a resolution without the need for a full hearing in Tribunal. Any negotiations you have had with your employer can be continued with the help of a conciliation officer. It is useful to make early contact with the named conciliation officer and get them working on the case. If you have a proposal to make, you can give it to the ACAS officer who will pass it to your employer and get their response, which they must bring back to you. Dealings with ACAS should not be referred to in the Tribunal and it is useful to keep any correspondence with ACAS separate from other correspondence in the file. It is important to make a written note of conversations with ACAS, as the conversations involve issues which may become matters of a contract between you and your employer. ACAS discussions usually involve negotiations around a sum of money, but can also involve being offered a job back or even a different job, or agreeing a reference. Again remember in unfair dismissal cases ACAS can usually only offer this service for 13 weeks after your employer receives your claim.

Step 3 - If ACAS negotiations are successful

If the negotiations are successful, and you are happy with the agreement, you will need to draw up a contract between you and your employer with the help of ACAS. This is referred to as a COT3 and has the effect of barring an employee from continuing with his case, or reopening his case. It is important that everything you want to get out of this settlement is covered in this agreement as it cannot be reopened again after.

What might be included in the agreement?
First clause
The first clause usually deals with the amount of money to be paid. It is useful to ensure that the agreement covers when and how the money should be paid to you. Usually it is paid as a lump sum but you might agree to instalments in order to get a higher sum. All of this should be clearly specified.

The first clause also usually includes the fact that the employer does not admit liability. The settlement is not a way to prove the employer is responsible. That is usually only achieved in the Tribunal. The employer also usually asks that the agreement ends all claims that the employee might have against them. So, you need to be careful that it does not end any other claims you might wish to bring. Personal Injury claims should be expressly excluded, as well as any claims relating to pension rights. The ACAS officer should be familiar with these exclusions.

The first clause might also refer to getting a job back if that is what has been agreed between you. An agreement using ACAS will ensure that when you start work again your length of service will include the full length of time you worked for your employer before your dismissal, and the time since you were dismissed.

Second clause
The second clause might deal with the wording of an agreed reference for you when applying for other jobs. You can agree this wording as part of the agreement, and the agreement can specify whether you will receive a copy of the reference now, or whether when a future employer asks for it, it will be sent direct to them. It can also cover the situation when an employer gives an oral reference, over the phone for example. You can ask that it specify that oral references will not divert from the agreed wording. You should make sure the reference covers the position you held, and dates of employment. Some employers do not like to say any more. You can ask for more if you want to and see what they say. Ideally a reference should comment on your honesty, competence, and your reliability including punctuality and attendance. If the issue of your dismissal was time off due to sickness, then your employer may not want to comment on your attendance but may be prepared to say your time keeping was good. If your employer insists on a standard reference you can ask that they state within the reference that it is their policy only to give limited references.

Third clause
The third clause may deal with confidentiality. If your employer asks for a confidentiality clause, you may wish to ensure the agreement states your employer cannot discuss the settlement either and the clause is mutual.

Step 4 - Response
Eventually you will usually receive your employer's response. You should note that the Tribunal has powers to deal with the matter without a hearing if your employer does not put in a response. Usually though your employer will respond. The response is the form that your employer puts into the Tribunal to defend the claim against them. It usually comes about four weeks after the initial claim was started. When you get it, you should go through it and make notes of what you disagree with, and what you think you need more information about. You can make a request for more details of the response from your employer. If this is not answered, you can write to the Tribunal asking for an order that your employer gives you the further information you want. You can do this any time but you need to make a request for an order 10 days or more before a hearing if you would like the order to be made at the hearing.

Step 5 - Getting ready for the hearing
Getting help
You can represent yourself or you can try and get help from a Law Centre or a Solicitor. If you are claiming benefits, some solicitors will give free advice. You should look for a solicitor through the Community Legal Service . You can find solicitors near you, by typing your postcode into the box on the right of this page. You could also try the Bar Pro Bono Unit (link at the right of this page) which you can apply to directly.

Complying with orders
After you get the Response, you will either receive a letter containing standard orders about how the case will be prepared or you will be required to attend a Case Management Discussion.

Written orders
The Tribunal may write to you giving dates by which you and your employer have to:

• tell each other what documentary evidence you have for example: meeting notes, contracts of employment, letters from your employer. You need to tell your employer about everything you have that is relevant, whether or not it helps your case.
• Show each other your documents or send each other copies.
• Exchange written statements. (Your written statement is your account of everything that happened or that you want to tell the Tribunal that is relevant. You have to prepare one and so does each of your witnesses.)

You may also be asked to provide your employer with a breakdown of your losses since your dismissal. This is often referred to as a statement/schedule of loss.

Note, it is really important to comply with orders as the Tribunal can make a costs order against you if you do not comply.

See the next section for more details of what you need to provide.

Step 6 - Case Management Discussion

At this hearing you should be prepared to answer questions about your case and what you are claiming. You may be asked to provide further information. If you do not know the answer to a question, you can ask for time to let the Tribunal know the answer later, for example, in seven days. The Tribunal will ask you, and your employer, to agree to a timetable to prepare for the hearing. This will include the following items.

1. The date the employer and employee (parties) are to provide each other with relevant documents in their possession
This is referred to as discovery and inspection.

Discovery - is where the employer and employee each send each other a list of all the documents in their possession which are relevant to the issues in the case. You must list all of your documents, even if they do not help your case but help your employer's case. Your employer must do the same. This is so that neither party is taken by surprise by any documents. You must include all applications for new jobs since your dismissal, as the Tribunal will consider whether you have made enough effort in finding a new job when considering how much compensation to award.

Inspection - is where the employer or employee look at the documents the other side have listed. This can either be done by attending their premises, or those of their representatives. Usually however it is done by sending copies to each other. Again, the Tribunal gives a time period for this to take place.

If you think you are going to find it difficult to keep to the dates, you can write to the Tribunal and ask for more time.

2. Date for the employee to provide a statement of loss
Your statement of loss - some tips

This is a statement of what you are claiming. This will include

• any redundancy pay or equivalent if you have been unfairly dismissed (known as the basic award)
• loss of wages for the period you are claiming for (usually until the start of a new job or to the date of the hearing, although if the new job is at a lower salary you can claim the ongoing loss)
• future loss of wages for the length of time you think it will take you to get a new job
• £300 to compensate for the fact that you will have to work for a new employer for some time before you will earn the same employment rights you had with your old employer.

You should take off anything you have earned since you lost your job for example from temporary work or some benefits (unless you would have earned the same amount if you had kept your job for example because you had more than one source of earnings when you were working).

3. Date for you to prepare and exchange witness statements
The Tribunal usually provides that evidence from you and your employer should be in the form of a witness statement from each of you, which you should exchange. For example, you could give each other a copy of your statements simultaneously, either by a meeting or by fax on a certain date before the hearing.

Your witness statement - some tips

• You should type your statement with numbered paragraphs
• You should make sure it contains everything you want the Tribunal to know about what happened to you
• You should tell your story in chronological order (date order)
• You should include what you want the Tribunal to consider awarding you

You will need to take five copies of your statement with you when you attend the hearing so that there are enough copies to go round.

4. Date for the parties to prepare a bundle of documents
This simply means putting your documents together in date order.

Your bundle of documents:

• Put your documents in date order
• Number the pages
• There should be a list at the front of your folder, listing each document and its page number.
• You need to make 6 copies of your list and your documents - One for you, one for your employer, and four for the Tribunal. This is what will be used in the Tribunal hearing to look at the documents.

5. Date for the parties to prepare a chronology
This is simply a list of the main events in date order, listed with their dates. For example:

1/10/04 started work for Joe Bloggs Limited

2/10/05 dismissed by Joe Bloggs Limited

3/10/05 Joe Bloggs' brother starts my job at Joe Bloggs Ltd

6. Date for the hearing
This is often set at the Case Management Discussion with the agreement of you and your employer. You will need to take your diary to the Case Management Discussion, and be aware of any dates that you will be away, or otherwise unable to attend.

Otherwise, notice of the hearing date will be sent to the parties. There is a minimum of 14 days notice. If you cannot make the date of the hearing, you will need to write to the Tribunal straight away giving the reasons in full and any other dates you cannot make, and ask if the Tribunal will adjourn (put off) the hearing.

Note, it is really important to comply with orders as the Tribunal can make a costs order against you if you do not comply.

Go to Part Two: What happens when you submit a claim for unfair dismissal to the Tribunal?

March 2005