Tribunals: taking a case to court

What can you expect if you take a claim to a tribunal? iVillage work rights expert Rachel Lewis explains the process and answers common question for those considering legal action

You’ve been sacked. Everyone says that your employer shouldn’t be allowed to get away with it – but how do you go about starting a claim against your employer? What does it entail and what are you letting yourself in for?

Bringing a claim: look before you leap

The first thing to bear in mind is that there’s no need to make immediate decisions. In dealing with clients I’ve found that their emotions can change massively. After a dismissal, the first rush of bewilderment and anger often gives way to a more pragmatic view further down the line. Don’t commit yourself to legal action too quickly – weigh up all the options before you act. If you get another job straight away, it may make no financial sense to bring a claim. And psychologically, the closure achieved by moving on may be more beneficial to you. Make sure you’ve thought about the implications and discussed them with your friends and family. It’s not just you who will be affected by the decision to take things further.

The bottom line is that you have three months from the date you’re dismissed within which to bring a claim. Use that time to think over your options and whether you really want to take your employer to court. Many clients say that there is a point of principle involved and they want to ‘expose’ the treatment they’ve suffered – and I really understand that. But points of principle can be expensive, so make sure you’re really committed to taking the case forward and that you’ve had expert advice on the pros and cons of doing so.

Next page: entering the unknown