Employment

In the event of a workplace dispute, the employer’s disciplinary or grievance procedure should be invoked in the first instance. If dismissal has already taken place enquiries should be made as to whether there is an internal procedure offering an appeal from this decision. The Advisory, Conciliation and Arbitration Service guidance document, Rights at work - Discipline grievances and dismissals, outlines employment rights in relation to disciplinary and grievance procedures. General employment rights advice may be sought either from Acas or one of the organisations detailed in this note.

Funding

As a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 civil legal aid is no longer available for either advice or representation in employment law matters, except in discrimination claims under the Equality Act 2010. This means that, in employment matters that do not involve discrimination, persons who wish to enlist the services of legal professionals such as solicitors and barristers may have to pay privately. However, there are many sources of free legal advice and it may be possible to obtain free representation.

Another way in which parties can access legal services for tribunal proceedings is through conditional fee agreements. This allows lawyers to operate on a “no win no fee” basis. The client may be required to pay a sum up front to cover a costs insurance premium. The most common type of agreement is a hybrid agreement whereby the client pays fees up to an agreed maximum, thereafter a conditional fee agreement is engaged.

Employment tribunal time limits

Most legal claims are subject to defined time limits within which the claim must be brought. A failure to observe the relevant time limit will generally lead to a claim being “time-barred”; ie the claim cannot be made.

The issue of limitation is complicated by the fact different time limits apply to different types of claim. However, the vast majority of employment law claims, e.g. claims for unfair dismissal, are subject to a three month time limit, measured from the date of the event which gave rise to the claim (eg the dismissal). An employment tribunal will only consider a claim brought outside this time limit in restricted circumstances.

Appeals of employment tribunal decisions are subject to different time limits. In general, this is six weeks from the date judgment was sent to the parties.