Unfortunately, some employment matters cannot be settled between an employee and an employer themselves and so have to be heard at the Employment Tribunal. As an employee, situations like this can be very worrying, particularly given the costs involved in bringing a claim. While Employment Tribunals do not require you to be legally represented, having a legal advisor or representative on your side can be vital to help maximise the chances of a successful outcome for you.
Yes, you do not need to be an employment lawyer to represent yourself at an Employment Tribunal. While Employment Tribunals are formal hearings and are always heard by an employment judge and (depending on the type of claim raised) an additional two lay members, they are still less formal than courts.
However, before making any decision to represent yourself at an Employment Tribunal, you should bear in mind the impact losing in the tribunal could have on your financial or professional position. While there is a cost to have a lawyer present your case at tribunal, having an experienced solicitor handling your case is more likely to get to the heart of your claim and bring about a successful outcome.
If you are unhappy with the tribunal’s decision in your case, there are two options open to you:
- You can ask the tribunal to reconsider its decision - there are no specific grounds you must raise to ask for re-consideration, although the tribunal would expect you to illustrate where you believe they got their decision wrong, or
- You can appeal to the Employment Appeal Tribunal; however, to do this you must be able to demonstrate that:
- The tribunal made an error in law in reaching its decision – you must be able to show that the tribunal misunderstood the law as it applied in your claim
- The tribunal reached a perverse decision – you must be able to demonstrate that the tribunal made a decision which no reasonable tribunal could possibly have reached.
There is a separate fee regime for appealing a claim at the Employment Appeal Tribunal.
As experts on employment legislation, we can talk you through the process involved in bringing a tribunal claim, and advise you on the prospects of success of any claim you are considering lodging as well as any non-tribunal options open to you for resolution. Additionally, we can make sure that at any tribunal hearing you are well represented and your case is put forward in the best way to maximise your chances of success.
Call us on 03330 430 350 to find out more about our tribunal service, or complete our online enquiry form and we will contact you.
Depending on your case and circumstances, the first step is usually to arrange an appointment to come into one of our local offices to meet an Employment Law Solicitor to discuss your situation and the way forward. We will outline your options and, depending on your circumstances, we can look at various funding options to help with your case costs.