Common tactics employers use through the Tribunal process

Last week, we hosted our monthly Employment Tribunal Support Group and learned loads about tactics that employers are using through the process.

Confusing you about the 3-month deadline

Unfortunately, some employers will try to avoid Tribunal by preventing you from getting your claim in on time. We heard many stories of employers dragging out the grievance or disciplinary process, or taking months on flexible work or reasonable adjustments requests. Do not wait for an internal process to finish if you're getting near to the 3-month deadline - start the ACAS process if you want the option to go to Tribunal.

Demanding evidence early

We’re hearing a lot of stories about Respondents telling Claimants that they have to send them evidence as soon as a claim is filed or around the Preliminary Hearing - this isn’t how the process works! The Tribunal will order both of you to exchange evidence later in a Case Management Order, so you can wait for the Tribunal to tell you when to send evidence - not the employer.

Claiming you are out of time (when you’re not)

It is a very common employer tactic to say that the entire claim is out of time, and we heard lots of examples of this last night. If your employer does this, don’t panic, you will have the opportunity to contradict this. If the Tribunal thinks this is an issue, they will schedule a Substantive Preliminary Hearing and you'll be able to make your argument there.

Watch our video on How to get your out-of-time claim heard.

If you need additional support, our Substantive Preliminary Hearing package can give you the confidence and knowledge you need to make an effective argument to justify why your claim deserves to be heard. Our legal experts can provide guidance and support in:

• preparing your argument and getting ready for your hearing
• reviewing your prep materials and documents before your hearing

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