Part Two: What happens when you submit a claim for unfair dismissal to the Tribunal?
Step 7 - The hearing
If you want to put your arguments in writing you are supposed to send these to the Tribunal and your employer seven days before the hearing. This is not the same as your statement. Your statement is your account of what happened. Written representations are your arguments for example, about why the Tribunal should believe your account, or why your dismissal is unfair. If you do not submit these in time the Tribunal may still let you bring these to the hearing.
At the hearing the panel consists of a Chairman, who is a lawyer, and two wing members. The two wing members are experienced in employment issues; one is from the business perspective and one from the employee's perspective. Between them, they will make the decision in your case.
If there is a dispute about whether you have been dismissed (for example your employer says that in fact you resigned - they sometimes do say this!!), you will be asked to present your evidence first. If not, the employer goes first. The evidence is given by each witness in turn. If your employer is first, all their witnesses will have their turn before you and your witnesses. A witness must take an oath and then usually starts by reading through their witness statement. They will then be questioned, first by their own representative and then by the other side. They will also be questioned by the panel. You must ask the employer's witnesses about anything you disagree with in their statements to give them a chance to comment. When the employer has finished presenting evidence, you will swear an oath and read your witness statement before being asked questions by the employer and the panel. Finally, when each side has called all of its evidence they have the right to make a closing speech. If you presented your evidence first, you will make your closing speech after your employer. If you presented your evidence second, you will give your closing speech before your employer. In your speech, you can say why your evidence should be believed, and remind the Tribunal of the main issues and why you think your dismissal was unfair.
Step 8 - The decision
The Tribunal may tell you their decision at the end of the hearing, and then confirm it in writing. If the case is complex, or the Tribunal have run out of time, they will give the decision at a later date in writing. They may decide compensation at the same time or at a later date.
Step 9 - Payment of any order
If your employer is ordered to make a payment to you there will be no specific date for payment. However interest starts to accrue if it remains unpaid after 42 days. If your employer does not pay, the order can be enforced in the County Court. It first needs to be registered using form N322A which can be found on the Court Service website (link at the right of this page). If you have to enforce your order, you can also claim the court fees you have to pay from your employer.
