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As an employer, it is always best to avoid ending up before an employment tribunal, and the legal experts specialising in employment law for employers at Ackroyd Legal can help you to ensure that your legal obligations are always fully met, in order to prevent disputes from arising.
The role of the employment tribunal is to hear claims brought by employees who feel that they have been unlawfully treated by their employers. The employment tribunal is an independent, public body and its decisions will be legally binding upon the parties involved. Most hearings are open to the public in the same way as a court hearing, and evidence is given under oath or affirmation. Your employee or former employee will usually be required to issue their claim within three months (minus one day), from the date of their dismissal or resignation.
Before lodging an employment tribunal claim, the employee must first notify the Advisory, Conciliation and Arbitration Service (ACAS), which will provide early conciliation in an attempt to reach resolution. During this process, an impartial ACAS conciliator will work alongside both parties with a view to achieving resolution without going before the employment tribunal. The early conciliation period will initially last for up to one month and can be extended for up to 14 days if necessary. Conciliation is viewed as faster and less expensive than going before a tribunal. However, if it is clear that early conciliation will not resolve the dispute in a particular case, the process will be ended and the claim can be brought before the tribunal.
If the employment tribunal rules in favour of the employee, they may receive a financial award, although the tribunal can order the employer to pay an additional penalty, if it is found that the rights of the employee have been breached, and there is at least one ‘aggravating feature’.
At Ackroyd Legal, we fully understand that it is in the interests of you and your business to achieve early resolution and avoid ending up in court. Your expert solicitor specialising in employment law for companies will always be on hand to support you whatever the situation.
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