Why you should not represent yourself at an Employment Tribunal

The Employment Tribunal process is governed by the Employment Tribunals Rules of Procedure 2013 (amended up to October 6, 2021). For many claimants, navigating this process without legal representation can be challenging, and seeking professional guidance is often recommended.

Initial Steps: Notifying ACAS and Early Conciliation

1. Notifying ACAS: Before submitting a claim, you must notify the Advisory, Conciliation and Arbitration Service (ACAS), though you are not obligated to settle at this stage.
2. Early Conciliation Certificate: ACAS will issue an early conciliation certificate with a reference number, a requirement before proceeding with a tribunal claim.

Filing a Claim with the Employment Tribunal

Completing the ET1 Claim Form

• ET1 Submission: The ET1 form outlines the basis of your claim. It must be completed within strict time limits—usually within three months minus one day, considering the early conciliation process.
• Importance of Accuracy: Properly completing the ET1 is crucial for moving forward with the case.

Responding to the Claim: ET3 Defence

• ET3 Filing Deadline: The respondent (the person or company against whom the case is filed) must submit their ET3 defence within 28 days of receiving the claim.
• Failure to File: If the respondent fails to submit the ET3 on time, they may be excluded from the hearing unless they successfully request an extension, which is rarely granted.

Preliminary Hearing (PH) and Case Management

Purpose of the Preliminary Hearing

The Preliminary Hearing (PH) serves several key functions:

1. Assessing Success Prospects: The Employment Judge (EJ) will evaluate the potential success of the claim or defence.
2. Deposit Order: If a claim or defence has limited prospects, the EJ may order a deposit of up to £1,000 for the party to continue.
3. Case Management Orders (CMOs): Known as ‘Directions,’ CMOs guide the progression of the case. In straightforward cases, standard CMOs may be issued without a hearing.

Building Your Case: Preparation and Evidence Gathering

Reviewing the ET3 and Respondent’s Defence

Once the ET3 defence is filed, the claimant can analyze the respondent’s arguments. Consider the following:

• Identify Supporting Documentation: Gather documents and other items to support your position and counter the respondent’s defence.
• Thorough Preparation: A strong grasp of your case’s issues and facts is essential to clearly present your argument to the tribunal.

Objectivity and Legal Understanding

• Assessing Your Case’s Merits: Objectively evaluate your claim as the tribunal would, focusing on factual evidence rather than personal views.
• Understanding Relevant Laws: Identify and understand the specific statutes and case laws that pertain to your claim to ensure thorough legal grounding.

Evidence Review and Witness Preparation

• Examine All Evidence: Review all documents and evidence exchanged between parties to prevent surprises.
• Witness Statements: Ensure that both the claimant and witnesses fully agree with the contents of their statements.

Final Hearing and Decision

Structure of the Final Hearing

1. Introductions and Confirmation of Claims: The tribunal will introduce participants, confirm the claims to be heard, and resolve outstanding case management issues.
2. Evidence Presentation: Typically, the claimant and their witnesses testify first. Testimony includes:
   • Evidence in Chief: The witness confirms the truth of their statement.
   • Supplementary Questions: The party may address points raised by the other side.
   • Cross-Examination: Opposing parties question witnesses.
   • Re-Examination: Opportunity to clarify points after cross-examination.
3. Closing Submissions: Prepare a skeleton draft of closing submissions that can be adapted as the hearing progresses.

Judgment and Costs

• Judgment Delivery: The judgment may be given immediately or reserved for later, accompanied by written reasons.
• Costs: Unlike other courts, Employment Tribunals typically do not award costs unless one party’s conduct is unreasonable or the claim is misconceived or vexatious.

Benefits of Legal Representation

Advantages of Professional Representation

1. Expertise in Employment Law: A representative brings specialized knowledge and experience.
2. Case Assessment: Legal professionals can assess the strength of your case and advise on the best approach.
3. Evidence Gathering and Presentation: Skilled representatives know how to compile and present evidence effectively.
4. Procedural Guidance: Legal representatives can guide you through each procedural step, enhancing your case’s efficiency and clarity.

Financial Considerations for Representation

• Conditional Fee Agreement (CFA): Often, representation operates under a CFA, where the representative receives 35% of any settlement or judgment.
• Additional Fees: Representation fees for hearings can range from £500 to £2,000 per day, plus VAT.
• Monies on Account: Some representatives charge an account fee (e.g., £500–£1,000) that is deducted from the CFA payment but is non-refundable if no CFA payment is obtained.

Why Consider Legal Representation?

Instructing a legal representative can significantly improve your chances of success, offering expertise in evidence gathering, negotiation, and navigating complex procedural requirements.