If an employee wants to pursue their workplace related grievance to an Employment Tribunal it is vital that they know what kind of claims the Employment Tribunal are in a position to hear. They only hear claims related to a certain number of problems. It is also very importance that the employee has taken their grievance as far as they can in the company’s own in-house grievance procedures. The Tribunal panel will tend not to look favourably on an employee who has decided to make a claim to the Tribunal rather of very first attempting to resolve their dispute with their employer.
The following are the types of claims that can be brought before an Employment Tribunal:
• Redundancy claims. If an employee has been made redundant, either fairly or unfairly, but have not been paid their redundancy payments by their former employer, they will be able to make a claim.
• National Minimum Wage or equal pay claims. If the employee feels that they are not receiving the national minimum wage or that they are not being adequately paid for the services they provide in relation to other employers, they will be in a position to pursue this grievance in the Employment Tribunal.
• Claims of workplace discrimination. If the employee feels that they have been subjected to discriminatory behaviour, such as harassment or victimisation, on the basis of their race, gender or disability, and they feel they can provide adequate evidence of this behaviour then they can file a claim of workplace discrimination.
• Claims of unfair or constructive dismissal. If an employee has been dismissed for reasons that they really feel are unjustifiable or are in breach of their employment contract, such as unfair choice for redundancy, then they may possibly have a claim of unfair dismissal. If the employee feels that they have had to leave their job simply because of the actions of their employer, such as a severe breach of contract, then they can file a claim of constructive dismissal just before the Tribunal.
An employee can make a claim to the Employment Tribunal based on any of these examples just so long as the claims are lodged with the Tribunal inside 3 months of the dismissal, the last act of discrimination or the date of a failed redundancy payment. As lengthy as these time limits are followed there ought to be no problem. The Tribunal process is no cost to use unless they determine to employ the services of an employment law solicitor to assist with the hearing.