T422)
| Published date | 21 March 2018 |
| Subject Matter | Employment tribunal forms and guidance |
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T422
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 improve consistency in the way Employment Tribunals manage cases and
enable the parties to better understand what is expected of them and what to expect. It
is not binding but should be followed where possible.
The Presidential guidance issued by both Presidents may be found at:
www.judiciary.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 the claim is about and
the issues involved in the claim – if there are lots of issues, or they are complicated, the
case may take longer.
Cases that are accepted into, and proceed through, the employment tribunal system are
determined on their merits. If the employment tribunal upholds the claimant’s case, the
tribunal will consider what award to make and calculate what should have been paid if the
breach of a claimant’s rights had not occurred. The majority of jurisdictions (types of claim)
do not allow for unlimited awards and, even where they do and claims are made for large
amounts of compensation, the tribunal will take into account the relevant information to
ensure that any awards are appropriate.
Tribunals will decide what award the claimant is entitled to according to their personal
circumstances, including age, earnings, and for cases involving discrimination, injury to
feelings. Awards for injury to feelings will be based on existing guidance, set down in case
law. For unfair dismissal claims, the tribunal can make an award for future loss of earnings.
The purpose of the award is to compensate employees, not to punish employers.
Responding to a claim to an Employment Tribunal
T422 Responding to a claim to an Employment Tribunal (12.20) © Crown Copyright 2020
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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
What do Employment Tribunals do?
Employment Tribunals hear cases and make decisions on matters to do with employment
such as unfair dismissal, redundancy payments discrimination and a range of claims relating
to wages and other payments. Although an Employment Tribunal is not as formal as a court
it must comply with rules of procedure and act independently.
Further information
The Employment Tribunals have a Customer Contact Centre which can answer general
enquiries, give information about tribunal publications and explain how the tribunal system
works. They may be able to help you fill in the form but they cannot give legal advice, such
as whether the claim made against you is likely to be successful.
Customer Contact Centre details on the last page.
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