T420)
| Published date | 21 March 2018 |
| Subject Matter | Employment tribunal forms and guidance |
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T420
Making a claim to an Employment Tribunal
T420 - Making a claim to an Employment tribunal (12.20) © Crown Copyright 2020
This publication also applies if you are appealing against:
• an assessment to training levy made by an Industry Training Board;
• an improvement or prohibition notice issued under the Health and Safety at Work
• a notice of underpayment issued under the National Minimum Wage Act 1998;
• an unlawful act notice issued under the Equality Act 2010; or
• any other notice where an appeal lies to the employment tribunal
If so, you will be referred to in the proceedings as the appellant and in this publication
where the word 'claimant' or 'claim' appears you should read it as 'appellant' and 'appeal'.
Note that the requirement to contact Acas before instituting proceedings does not
apply if you are making an appeal.
Presidential Guidance
Under the employment tribunal rules the Presidents of the employment tribunals in
England and Wales and Scotland may issue Presidential Guidance. The aim of that guidance
is to enable the parties to better understand what is expected of them and what to expect
of the tribunal and to improve consistency in the way employment tribunals manage cases.
It is not binding but should be followed where possible.
The Presidential guidance issued by both Presidents may be found at:
www.judiciary.gov.uk/subject/employment/
Having a claim determined by an Employment Tribunal can take a number of months. The
length of time it takes to complete the process will depend on what your claim is about and
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the issues involved in your claim – if there are lots of issues, or they are complicated, your case
may take longer.
If the employment tribunal uphold your claim, they will consider what award to make.
This is often referred to as the ’remedy‘ which is awarded by the tribunal. A remedy can have
financial and non-financial aspects to it. For example, a tribunal may make a declaration
that the respondent has violated your rights or make a recommendation in a discrimination
case that the respondent take action to reduce the likelihood of the discriminatory act
recurring. The award will include the amount the tribunal calculate you should have been
paid if the breach of your rights had not occurred and might, depending on the nature of the
claim, include an award in respect of a future period. Tribunals will decide what award you
are entitled to based on your personal circumstances, including your age, how much you
earn and, for cases involving discrimination, injury to feelings. This will be based on existing
guidance, set out in case law. In unfair dismissal claims, the tribunal may also order that you
be reinstated in your previous position or re-engaged by the respondent in other suitable
employment. Awards for successful claimants will be different and depend on the details of
the claim.
You can get impartial advice about your claim from the Acas (Advisory, Conciliation and
Arbitration Service) helpline on 0300 123 1100.
General Data Protection Regulations
The Ministry of Justice and HM Courts and Tribunals Service processes personal information
about you in the context of tribunal proceedings.
For details of the standards we follow when processing your data, please visit the following
address https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/
about/personal-information-charter
To receive a paper copy of this privacy notice, please contact our Customer Contact Centre.
Details can be found on the back page of this publication.
Please note: a copy of the claim form or response and other tribunal related
correspondence may be copied to the other party and Acas for the purpose of tribunal
proceedings or to reach settlement of the claim.
Welsh Language Act
If you are responding to a claim in Wales you can ask that correspondence and phone calls
are in Welsh. If both sides agree, the hearings may be carried out just in Welsh. If both
English and Welsh are used at a hearing, we can provide translation facilities if you ask.
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