What happens after a claim is made?

This information is relevant for both claimants and respondents.

Waiting for the case to be heard

Once the claim and response have been received, there may be some issues which need to be dealt with before the claim can be decided.

For example, either the claimant or respondent may need to get more information from each other. The tribunal may give directions or orders on this and other matters relating to the case, which you must follow. If witnesses are vital to the case but will not come to the hearing freely, you can ask for a witness order to make them attend.

If you decide that you need more information or documents from the other party, you should ask for this in writing, giving a reasonable time limit for responding. If they do not provide the information you have asked for, you should write to the tribunal as soon as possible enclosing a copy of your written request and ask the tribunal to issue an order.

The tribunal can also decide that more information is needed from either party to clear up a particular matter.

In some cases, the tribunal may hold a case-management discussion to deal with these matters. This will be held by a chairman on his or her own and the claimant and the respondent will be invited to take part. It may be held over the phone or in person. If you do not carry out or comply with any order made by the tribunal your claim or response may be struck out, or you may be ordered to pay all or some of the other party's costs.

Will my case be heard on the date given?

We will try to deal with your case as quickly as possible but delays can happen, for example, because the case before yours takes longer than planned. Employment Tribunals are paid for from the tax you pay to the Government. As a result we aim to deal with as many cases as possible during each day. This may mean some cases are 'unallocated' and will start as soon as there is a tribunal available. If it becomes clear that a tribunal cannot hear your case that day, we will tell you as soon as possible.

Can I ask for the hearing to be postponed?

If you have a good reason to ask for the hearing to be postponed, you must make your request in writing by post, or email if you have asked to communicate by email, as soon as possible giving full reasons for your request. You should also send a copy of your request to the other side so that they are aware of it.

A chairman will decide whether it is in the interests of justice to grant a postponement and they may want the views of the other side before reaching a decision. You should not assume that your request has been granted unless we confirm this.

If you or the other side (or somebody else acting for you or the other side) fails to appear at a hearing, the tribunal may decide the case in your or their absence.

Can I withdraw my claim?

You may withdraw either all or part of your claim at any time before or during the hearing. If you want to withdraw your claim, you must do so in writing to us. You should also tell the respondent that you are withdrawing your claim. You must do this as soon as possible.

How to involve Acas

What is a fixed period for conciliation?

A letter will be sent to tell you whether the claim has been given a fixed period for conciliation by Acas and when that period ends. The length of this period depends on the nature of the complaint that the claimant is asking the tribunal to decide on.

If a fixed period of conciliation does not apply to the claim, you can use the services of Acas until the matter is resolved or the tribunal issues a judgment.

If a fixed period for conciliation does apply to the claim, you will have that time to use the services of Acas to reach an agreed settlement of the claim without the need for a hearing.

Discussions with Acas are confidential and there is no charge for this service.

If a settlement is not reached during this fixed period, the claim will be heard by an Employment Tribunal as soon as possible after the period has ended.

If either party does not want to negotiate a settlement with Acas, they can write to Acas and let them know. The fixed period of conciliation will end when they receive the letter and the case will then be heard.

If the case settles

If your case settles before the hearing, you should let us know immediately. If your case is settled using Acas, the conciliation officer will let us know.

If you are the claimant and you decide to withdraw your claim, you must do so in writing. You must also tell the respondent that you are withdrawing your claim. You must do this as soon as possible.

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