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overview

Most employment rights created by legislation are enforced by bringing a claim to an employment tribunal. The table (table of employment rights) lists the main statutory employment rights, together with qualifying periods of employment, the time limit for bringing a claim and the legal remedies available. Employment tribunals also have the power to deal with breach of contract claims in certain circumstances (breach of contract).

This section explains briefly how employment tribunals work. It begins with an explanation of who sits on tribunals (employment tribunal membership). It then goes on to outline how a claim is brought (bringing a claim), and how an employer may either defend a claim (notice of appearance ) or settle it (settling a claim) and the evidence that will need to be gathered (mustering the evidence). On occasion, the tribunal may hold a preliminary hearing (preliminary hearings) before the main hearing of the claim (the main hearing), and this section explains why. It also outlines the circumstances in which a tribunal may restrict the publicity given to a case (restrictions on publicity) or award costs and expenses (costs and expenses). The section concludes with a summary of the grounds on which a tribunal's decision can be reviewed or appealed against(reviews and appeals).

Tribunal claims can be costly, not only in terms of the compensation that tribunals may award but also in terms of the management time taken to deal with them and the adverse publicity they may cause. Companies are therefore strongly advised to contact their Association for advice as soon as they receive notice of a tribunal claim.

Parties to the claim

The person bringing a claim to tribunal is known as the claimant and the employer against whom the claim is brought is known as the respondent. The claimant and the respondent are referred to as the parties to the claim.

Tribunal claims can be costly, not only in terms of the compensation that tribunals may award but also in terms of the management time taken to deal with them and the adverse publicity they may cause. Companies are therefore strongly advised to contact their Association for advice as soon as they receive notice of a tribunal claim.

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Employment Tribunals
The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.