No Win, No Fee Employment Tribunal Compensation Claims
This site is exclusively for employees who can find information about making a claim through the Employment Tribunals in England, Scotland and Wales together with some interesting links including how you may be able to obtain the services of a firm of solicitors, who won't ask you for any money at any time, unless your claim is successful, subject only to you co-operating with the solicitor and not lying!
The Employment Tribunal refers to an individual making a claim as an "Applicant" (Employee) and to the organisation defending a claim as a "Respondent" (Employer)
The Employment Tribunal was set up by the government as a specialist “Court” to deal exclusively with disputes between employees and employers.
Although the Employment Tribunal broadly operates on the same basis as a Court, one interesting feature which distinguishes it from a Court is that hearings are more informal. If your claim is ultimately decided at a hearing, it will be held in a “normal” room with tables and chairs, rather than Court Room style. Also there is no formal Judge, instead a Chair Person, normally with two members of the public who will decide whether or not your claim is successful and if so, the amount of compensation you should receive. However that is where the informality ends!
The requirement to know the law is essential. One aspect to watch out for in particular, is bringing or continuing with a claim (or part of your claim) which is not covered by legislation (even if you believe your claim to be morally fair) as it could result in the Employment Tribunal ordering YOU to pay some or all of your opponents legal costs for defending your claim.
When making a claim in the Employment Tribunal, the legal costs of litigating your claim are paid by you; whether you win or lose. Your opponent also pays their own legal costs. However, in certain circumstances The Tribunal can order that one party pay some or all of the other party’s legal costs, known as a "Wasted Costs Order".
The Employment Tribunal expects those who are representing an Applicant to know all the Employment Tribunal Rules and to ensure that the claim is a valid one which can be substantiated at law by reference to the legislation it is alleged has been breached and if appropriate with reference to similar cases that have been heard by the Employment Appeal Tribunal, the Court of Appeal, the House of Lords or the European Court.
Breaking the Employment Tribunal Rules can be costly! The Employment Tribunal expect Representatives of an Applicant to know the Rules and adhere to them . A breach in the Rules whilst your claim is progressing to a hearing or at the Hearing itself, can lead to a Wasted Costs Order being made against you.
So do please consider carefully all your obligations before deciding to represent yourself or whom you decide to represent you.
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