Contents

How and where to make a complaint
More information about Tribunals
How to make your claim

How and where to make a complaint

If you feel that you are not being treated fairly or that your rights are being denied to you, you may wish to take the matter further. REMEMBER - you are protected if you take action to assert one of your many statutory rights. You are covered by this from your first day at work.

As always you have a number of options!

• Firstly you can contact our advice line. For a set fee one of our Employment specialists will call you and talk through your problem, providing up to date and practical assistance.
• Another option is to contact a Solicitor. Employment Law is now too complex and important to be handled by generalist solicitors. You really need advice from a firm which has specialist Employment Lawyers.We are in the process of reaching agreement with law firms who will provide some initial help without a fee being charged. This is not yet available.

Many workers fear that they cannot afford the costs of seeking legal advice. Some Solicitors will provide some free initial advice - ask first! If you have car or household insurance do check your policy to see if you have legal expenses cover. If you do, speak to your Insurer to see if Employment Advice is covered. You may find that some of your legal costs are covered.

• If you are in a Trade Union, they should be able to assist and advise you. Talk to your Union Representative or a Full Time officer of the union. In some cases the union will provide support to take your claim to an Employment Tribunal, even as far as providing you with a Representative at the Tribunal hearing itself.
• You can make a complaint to an Employment Tribunal. If you would like more information on the Tribunal system and how to apply visit www.employmenttribunals.gov.uk/

You should not go to a tribunal if your claim is for a personal injury, including Stress at work claims. Tribunals do not handle personal injury claims. You should go to a legal advisor to decide the best and most appropriate route for your claim. If you are not sure which is the best route to use contact our advice line.

• Some claims are better made in the Courts rather than at a Tribunal. Personal injury claims, for example, should be made at a Court as they are not heard by Tribunals. Breach of contract claims for more than £25,000 should also be made at Court, as the Tribunal system only handles claims below this level. You cannot make the same claim in two courts, so it is very important to take advice before formally starting any legal action - this includes Tribunals. If you are not sure which is the best route to use contact our advice line.
• You can contact ACAS and ask for their advice or assistance. ACAS officers are very busy and it can be difficult to make contact. The ACAS helpline deals with over 750,000 calls per year and can provide you with some basic, general advice on employment problems. www.acas.org.uk
• You can seek advice from your local Citizen's Advice Bureau (CAB). They will also have the necessary forms to apply to Tribunal and may provide assistance with completing the forms. Remember though that CAB advisors are not often Employment experts and will usually only feel able to point you in the right direction for further guidance. www.nacab.org.uk/
• Some larger towns and cities have Legal Advice centres which will provide free or low cost advice on your problem. Ask the CAB or look in Yellow Pages.
• Have you a relative or family friend who is an employment specialist? If so it may be worth giving them a call in the first instance.

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More information about Tribunals

Tribunals are specialist courts that only deal with employment claims. It is very easy to make a complaint to a Tribunal. In fact you can even apply "on-line" using new technology. You do not have to have a legal representative at a Tribunal, in fact you can put your own case on the day if you feel able to do this. Normally costs are not awarded against you even if you lose your case. It is relatively simple to complete a tribunal application form - they are called ET1 forms. It is however best to get some advice before sending it off. This is because there are time limits and forms of words that should be used to give you the best chance of success at a Tribunal.You cannot normally change the nature of your claim at a later date. It is therefore important to get the content right before it goes into the system.

A tribunal will usually consist of 3 people. One will be the Chairperson who will be legally qualified.The other 2 are employment specialists but not necessarily legal experts, they will give practical advice to the Chair.

Originally tribunals were supposed to be quick and informal. However because of the high levels of compensation the process has become more formal as more and more employers and individuals take legal experts along with them.They are somewhat similar to a Magistrates Court. Witnesses are called and ,after swearing an oath in the witness box, are questioned by Representatives of both sides. This can be a daunting experience for some people.

If you would like more information on the Tribunal system and how to apply visit www.employmenttribunals.gov.uk

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How to make your claim

It is fairly straightforward to make a claim. Get hold of an Employment Tribunal Application form , complete it and send it in!

It really is pretty straightforward. Claim forms can be obtained from Acas, the local Job Centre, possibly your union rep too. You can fill in an application form "on-line" by going to the Employment tribunal web site www.employmenttribunals.gov.uk.

You do not need to have a legal representative, you can go on your own and state your case. The tribunal Chair should ensure that you are given every opportunity to make your points on the day. Most Employers these days are legally represented at tribunals, using solicitors or a barrister.

Unless you have acted in a "frivolous" manner, for example,by wasting time or pressing ahead with a pointless claim, you will not have to pay any costs, even if you lose the case.

You cannot get legal aid for tribunal work in England or Wales, but you may be able to in Scotland.

Although it is relatively easy, figures do show that you are more likely to be successful if you are represented. You should at least seriously consider taking some legal advice as you complete the form. The wording you use and the way you put your case are very important aspects. There are also time scales to be aware of... it is very important to get your claim in to the Tribunal system within the time scale allowed for the issue you are complaining of.

Most claims have to be made within 3 months of the incident, such as dismissal. Some claims allow 6 months, for example an equal pay claim.

Tribunals can, and do, accept claims made outside these limits - if there are good reasons given.For further advice on time limits and on making your claim, contact our advice line.

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