The Pros and Cons of progressing a claim to an Employment Tribunal.

Many people seriously weigh up the pros and cons of progressing their employment tribunal claim. So if you are in this difficult scenario right now below is some guidance to help in your deliberations;

Pros;

  1. It’s fairly easy and free:

Submitting an Employment Tribunal Claim is now free and online and it will not cost you anything to submit a claim form through ACAS, however, you will have to complete an early conciliation form first. This is online also and fairly painless.

 

  1. Testing the water never hurts

By submitting an early conciliation form you are effectively ‘testing the water’. In this process you may ‘spook’ your employer and get that notice pay and holiday pay entitlement you were due through the early conciliation process alone without ever needing to go on to a full blown tribunal. Some employers chose to settle claims with a COT3 agreement at this stage. Others may not, but you don’t need to progress to tribunal if you change your mind, but if you do decide to progress you need an early conciliation certificate.

 

  1. ACAS will help you out:

ACAS conciliators are trained and will help you articulate your claim and approach your ex- employer on your behalf and there is no cost to this service also.

  1. Standing up for your beliefs and what is owed to you- Be David, in David in Goliath, Someone has to!

If you have been treated badly or are owed money, sometimes the right thing to do is also the harder thing to do. Don’t feel like you are making a fuss, you are also standing up for the people that come after you and showing that principles and fair treatment are worth fighting for along with any compensation or owed monies.

  1. It doesn’t need to cost you a fortune.

These days, you don’t need an expensive lawyer to fight your case. Employment tribunals are much less formal than courts and judges will be sympathetic and listen all you need to do is show where you have suffered wrong doing. You don’t need to be Perry Mason to show poor treatment and effectively make your case. HR Solver can also help you along with articulating the points and pulling the evidence together.

Cons

  1. The time limits are very strict.

Normally you have only up to 3 months to make a claim from the act or omission you suffered in your employment or from your termination date so you must act quickly if you believe you have a case. Acting in haste however, is not always the best thing for you or your family.

 

  1. It can take months… sometimes years.

From lodging an ET1 claim submission to going to an employment tribunal it will take months, sometimes over a year. If you are looking for closure in your life pursing an employment tribunal may not be for you.

 

  1. It’s often not easy to find evidence to support your case.

If your ex-employer has been thorough in their processes and you have been at fault through an act of gross misconduct it may be very difficult to prove your case, even if you know there was more to it than it appears. Consider the evidence available to you and how many witnesses may be willing to support you on the stand. If you think this is limited and nobody would be willing to give testimony then this will weaken your case.

 

  1. Don’t do it for the money.

Monetary awards at tribunal can often be quite underwhelming unless you have years of service, have been discriminated against and unfairly dismissed.

 

  1. Intimidation and legal speak.

Your ex-employer may look to employ an expensive fancy lawyer to defend their case. The lawyer may look to bamboozle you with legal talk and requests, this can be tiring stressful and overwhelming, especially if you are in a new job. However, if this is the case, the silver lining is that perhaps you have a stronger case than you think and your employer is running scared.

 

If you have questions on whether you have a potential employment tribunal case for unfair dismissal or constructive dismissal download the HR Solver app today and you can chat with our experts who can also help you along your journey.