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Employment Tribunals
Employment Tribunals are every employer’s worst nightmare, and with fees now abolished, it’s never been easier for disgruntled employees to bring a claim.
Not only have claim numbers risen year on year since 2017, but research shows they are becoming more complex and taking longer to resolve, further increasing your costs. With this in mind, receiving the right support can be crucial to minimising financial and reputational risk.
Helping you with
Reduce exposure, protect your bottom line
At WorkNest, we help organisations proactively reduce their exposure to Employment Tribunal claims through high-quality, pragmatic advice.
With a trio of dedicated Employment Law specialists at your disposal, you can navigate your way through even the trickiest employee matters quickly and compliantly – and, should a claim arise, we’ll be there guide and support you, strengthen your position and minimise stress.
- Avoid legal pitfalls with unlimited, fixed-fee advice from highly-qualified experts
- Set clear expectations and protect your interests with carefully-crafted employment contracts
- Ensure a fair, consistent approach with best-practice policies and management guidance notes
- Increase your prospects of success and reduce claims stress with expert Litigation support
- Protect against claims with our optional, FCA-regulated Legal Expenses Insurance
Support when you need it most
Dealing with an Employment Tribunal can be an incredibly unnerving and time-consuming process. Our team of specialist litigators can look after you, and your case, throughout the life of a claim.
Your dedicated adviser will deal with all the other parties, take care of correspondence, and draft all your documentation to relieve you of significant time pressures and offer peace of mind. If you have taken Legal Expenses Insurance, we will liaise with the insurers directly on your behalf and keep them updated. We can advise you as to prospects of success based on our years of experience in defending claims brought against companies, and, where possible and appropriate, explore settlement and negotiate terms that are acceptable to you.
We will also liaise with Chambers to find and instruct a barrister who will represent you at the hearings, and work closely with them to ensure seamless representation throughout. We will do everything we can to advance your case and take the stress out of an already stressful situation.
Do employment tribunals favour employers?
In short, no – employment tribunals are impartial and do not favour either the employer or the employee. Tribunals are independent legal bodies that make decisions based solely on the facts, the evidence presented, and the relevant law. While some employees may feel the process is weighted towards employers – who often have more experience, support, or resources – the tribunal system is specifically designed to give both sides a fair hearing. Cases are usually heard by an employment judge, and sometimes by a panel that includes representatives from both employer and employee backgrounds, to help ensure balance.
That said, outcomes often come down to how well each side has prepared. Employers who follow fair processes and keep clear records are generally in a stronger position to defend claims. On the flip side, employees with well-supported cases can and do succeed. Government data shows that many claims settle before reaching a final hearing, and where they do go all the way, outcomes vary depending on the nature of the claim and the evidence. So, while the system doesn’t favour employers, being well-prepared is key – for both parties.
Are all employment tribunal decisions published?
Most employment tribunals are published, but not all. Since 2017, the majority of written judgments have been made publicly available online via the government’s database. This includes both final decisions and certain preliminary court rulings.
The purpose of publishing employment tribunal decisions is to increase transparency and help people understand how tribunals reach their conclusions. However, some decisions – particularly older cases or those where a judgment was given verbally without written reasons – may not appear on the site.
There are also instances where a tribunal can withhold or anonymise information, usually to protect individuals involved in sensitive cases. For example, if a claim involves allegations of sexual misconduct or could identify a vulnerable individual, a judge may order that certain details be removed or the case not be published at all. These situations are the exception rather than the rule. So while most decisions are publicly available, especially in more recent cases, not every tribunal outcome will appear online.
The employment tribunal process
If a workplace dispute can’t be resolved informally or through internal procedures, an employee may choose to take the matter to an employment tribunal. As an employer, understanding the steps involved can help you prepare and respond effectively. Here is an overview of the typical process. (Please note, this is only intended to be a brief guide and does not cover any aspect of the employment tribunal procedure. Please seek advice from our litigation team for your own specific circumstances).
- Early conciliation: Before a claim can be made, the employee must contact Acas for early conciliation. This is a confidential service aimed at resolving disputes without the need for a tribunal. If a settlement isn’t reached, Acas will issue a certificate allowing the employee to proceed.
- Claim submission – The employee (claimant) submits an ET1 claim form to the tribunal, setting out their complaint. As the employer (respondent), you’ll then receive a copy and have 28 days to respond using an ET3 form.
- Case management – Once the claim and response are in, the tribunal may issue directions or hold a preliminary hearing to clarify the issues, set a timetable, and decide whether the case can be heard in-person or remotely.
- Preparation – Both sides will prepare their evidence and witness statements. This includes sharing relevant documents and agreeing a bundle of materials to be used during the hearing.
- The hearing – The tribunal hearing is where both parties present their case, usually with witness evidence and cross-examination. A judge (and sometimes panel members) will consider everything and make a decision.
- The outcome – The tribunal may give its decision on the day or send it in writing afterwards. If the claim is successful, they will decide what compensation or remedy should be awarded. Either party may appeal on certain grounds.
While many cases settle before reaching a full hearing, it’s vital to take each step seriously and be well-prepared.
Need help managing a claim?
Our team of employment law specialists and litigation team can guide you through the claims process, help protect your business, and give you peace of mind at every stage of an employment tribunal. Book a free consultation with our friendly team today.
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Explore our fixed-fee Employment Law support
Advice Line
Fast, pragmatic, commercial. Our Employment Law & HR advice line gives you and your managers access to truly unlimited advice on all of your people-related challenges, from the seemingly straightforward to the most complex.What sorts of things can you advise on?
Is everything dealt with through one team?
Find out moreContracts and Handbooks
Whether you have nothing in place or just need an expert review, our Employment Law specialists can carefully craft your employment contracts and employee handbooks to guarantee compliance and provide the flexibility you need as an employer.What are the risks of not having the right contracts in place?
How often do HR policies need to be reviewed?
Find out moreDrafting Letters and Documents
From the most straightforward warning for poor attendance to complex grievance outcome letters and everything in between, our Employment Law solicitors can draft all your employment documents to save you valuable time and stress.What sorts of documents can you draft?
I’ve got a HR team and just want templates we can use. Do you have a resources bank?
Find out moreeLearning
Tired of classroom training, or unable to take time out? Raise awareness of best-practice around workplace issues and prevent HR headaches with our flexible, cost-effective eLearning courses.
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How much do the courses cost?
Legal Expenses Insurance
An optional component of our Employment Law and HR support, by underpinning our advice with Legal Expenses Insurance (LEI), you have maximum reassurance that your business is protected against unfair dismissal and other costly employee claims.
I’ve never had a claim before – why would I need to take LEI?
Can you deal with Employment Tribunal claims, or is this triaged outside of WorkNest?
Management Information
Discipline, performance, absenteeism. We’ll show you exactly where your dedicated Employment Law advisers are spending their time so that you can target key problem areas for more productive, high-performing teams. Recommended for large organisations with high case volumes.What detail does the MI provide?
What sorts of recommendations do you typically provide?
Find out moremyWorkNest
From document templates to HR Software, myWorkNest gives you all the tools you need to manage even the trickiest employee issues, improve efficiencies and get the answers you need, fast.
What sorts of issues can I find guides and templates on?
What does the HR Software do?
Why choose us?
Experts in Employment Law & HR
At WorkNest, we’re known for our bespoke service and the quality of our support. Not only is our expertise unmatched, but we take the time to know you so that we can function as a true extension of your team.
- Your own small team of dedicated experts
- Commercial, pragmatic advice tailored to you
- Bespoke contracts, policies and handbooks
- Trusted by over 35,000 organisations
- Recognised as a leading firm by the Legal 500
Who you’ll be working with
Angela Carter
Director of Legal Services
Toyah Marshall
Head of Team
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