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:
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