What happens if I lose an employment tribunal?

In this article, we answer a question that worries everyone: “What happens if I love an Employment Tribunal?”

Whether you are an employer or an employee, below you will find a detailed answer to your worries.

What happens if I lose an employment tribunal?

What happens if an employer loses an employment tribunal? 

When an employer loses an employment case, there will be certain conditions, depending on the case, to which he must oblige as a result of a court order.

These conditions are specific to the case and the reason for which the trial began in the first place.

Among the conditions imposed by the judge can be found the following:

  • The former employee must get his job back if he lost it (for example, if he was unfairly fired)
  • If this condition cannot be fulfilled, then the employer must pay the former employee a compensatory amount.
  • The judge may also order that the employer be the one who bears all the expenses for the court.

Paying compensation as an employer

If you are an employer and you have lost court employment and the judge has ordered you to pay compensation, this is  something that you cannot avoid and appeal.

If you do not pay, you can be fined or called back to court and be forced to pay.

The amount you have to pay will be communicated with the decision and its outcomes. 

There is no average payment or a payment limit in an employment tribunal, especially with regard to employment discrimination processes.

You usually have 14 days to pay the compensation, and if you exceed this term you will also have to pay interest. 

Payback the court’s expenses 

If you are an employer and lost at your employment tribunal hearing, you will most likely have to pay the court’s expenses and state benefits. 

It is possible that your (former) employee had to claim Jobseeker’s Allowance, Income Support or Employment Support Allowance (ESA) while taking their case to the tribunal.

This is not uncommon and most of the time is done so that the claimant is not paid double. 

You will be informed if this is the case and how much you have to pay. 

What happens if I lose an employment tribunal?

For employers: Understanding Employment tribunals

The purpose of a court emplyment is to provide the opportunity to be heard and to discuss and settle issues such as discrimination at work, failure to respect employee rights or unfair dismissal.

If there are issues between you and your employer that cannot be resolved through a civilized discussion, an employment tribunal can intervene and help you reach a common agreement.

For this you must make a claim.

It is noteworthy here that making a claim is not an easy step, it can even be extremely stressful.

However, you must also consider the time limit. In general, an employee may file a complaint with his or her employer no later than three months after the day of the incident that made him or her feel wronged.

There is the possibility of winning an employment tribunal, so do not lose your courage and dare to act.

Besides, many cases almost never get to be heard in front of the Judge. Many times one of the parties is willing to give in and reach a common agreement without having to go through a long and expensive process.

This agreement is called a settlement.

If, however, an oral hearing is reached, you will be advised by your legal advisor what to do.

And when it comes to making a decision, it can be pronounced on the same day along with the consequences of that decision.

There is a possibility that the judge may need more time to analyze all the evidence and make a decision, and in this case you will be informed by a letter which is the outcome of the employment tribunal.

What happens if an employee loses an employment tribunal?

If you are an employee and you have lost the employment tribunal, the best decision you can make is to consult with your legal adviser, who can explain in detail what the court decision means.

He may also advise you if you would like to appeal and request that the decision be reviewed.

This is how the system works so that not everyone can make an appeal, but only if your legal adviser believes that an error has been made in the law.

This is precisely why the processes of appeal of a decision from the Employment tribunal are quite rare.

If you and your legal representative decide to go for an appeal, you must do so no later than 42 days from the date you received Statement of reasons.

This Statement of Reason can be requested if you decide to make an appeal and it is usually sent within two weeks.

The next step is to look with your legal advisor on this document and identify if an error has occurred in the law or not.

A court will not send the statement for reasons to anyone, so you must prepare a list of reasons why you want to challenge the court’s decision.

The difference between the employer and the employee when one of them loses the employment tribunal, is that the chances are lower that the employee will pay his employer’s costs of going to court.

However, it can happen.

What costs does the employee have to pay? 

Among the costs an employer should pay if you lose an employment tribunal include: different legal fees for this process, costs for experts and payment for your legal adviser.

Even so, if you as an employee made a claim, and you strictly adhered to the court protocol, chances are small that you will have to pay these legal costs. 

The only case you will definitely have to pay is if you lied or refused to cooperate with the court.

Therefore, it is extremely important to be honest and to train yourself as well as you can.

  • Make sure you have a reasonable claim
  • Make sure you disclose all the facts
  • Tell the truth
  • Behave reasonably
  • Attend the tribunal hearing
  • Give notice before you withdraw a case

How much would you have to pay in costs?

How much you have to pay depends on the outcome of your case.

Currently, there is no limit or average annual amount to be paid if you lose an employment tribunal.

If this is the case, you will be notified when the decision and its consequences are issued. 

However, as we mentioned before, the chances of getting to this position are quite small if your case is well built.

Costs that an employee can claim if the case is won 

If you win your employment tribunal, you may be able to claim some costs from your employer.

Usually, the Judge will order this, but it is useful to know what you can expect.

In addition to the other expenses you had to pay because you were out of work, for example, you can claim compensation for the time you have prepared for the court to pay your legal adviser.

In general, an hour of training for an employment tribunal costs £ 39 an hour.

Therefore, if in total you spent 15 hours preparing, you can claim 39 x 15 = £ 3586. Of course, this amount depends on the number of hours worked and must be approved by the court.

Another tip would be to ask for more time to prepare for your case.

You can do this if you suspect your employer’s case is weak or you suspect the employer is not following the court’s protocol and rules as he should.

You will only have to gain from this, because only the idea that you will require extra time (which he might be able to pay) can determine the employer to propose you a well-deserved settlement.

In any case, if you want to spend more time preparing, you must have some very well-founded arguments that will convince the employer to give you this time.

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Conclusions

In this article, we answered the following question: “What happens if I love an Employment Tribunal?” 

To summarize, if you are an employer you have to pay back compensation and state benefits.

If you are an employee, and can’t settle with your employer at any stage of the hearing, you have the right to appeal the tribunal’s decision. 

Please feel free to leave a comment on the content or any questions you may have in the comments section below.

FAQs on What happens if I lose an Employment Tribunal

What are the outcomes of an employment tribunal?

Some of the outcomes of an employment tribunal would be reinstatement to the old job as if the claimant had never been away, on the same terms and conditions and with back pay and benefits – eg pension rights – for the period since the dismissal.

Or re-engagement in a new job on similar terms and conditions to the old position.

How long does an employment tribunal take?

An employment tribunal hearing, in some cases, may take only one day that is set somewhere between four to six months since your first made the claim.

In some tribunal cases, such as the ones based on discrimination, the Judge will probably need longer than a day to make decision. 

Can I represent myself at an employment tribunal?

You can represent yourself at an employment tribunal.

Just make sure you have all the necessary evidence and information.

How much does it cost to defend an employment tribunal?

Defense in an employment tribunal is expensive.

In the USA, for example, defending a case can cost an employer between $75,000 and $125,000.

Are employment tribunal records public?

Tribunal records such as judgments and reasons for judgment are open to the public.

However, pleadings (claim forms and defenses), witness statements and tribunal bundles are not made available to the public.

What are the chances of winning an employment tribunal?

The chances of winning an employment tribunal is of 8%. 14% of claims are determined by the Employment Tribunal.

Of those, half were won by the claimant and half by the respondent (in 2013-14). 

Recommendations

  1. The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success 
  2. Employment Law: A Practical Introduction (HR Fundamentals)
  3. Employment Claims without a Lawyer: A Handbook for Litigants in Person
  4. Employment Tribunal Claims: Tactics and Precedents
  5. How to prepare a Schedule of Loss for the Employment Tribunal (Employee Rescue Guides)
  6. A Guide to making a claim at the Employment Tribunal: Explaining the employment tribunal process to non lawyers 

References

Citizensadvice.org.uk

Gov.uk

worksmart.org.uk

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