To sue or not to sue

The vast majority of employment related claims are heard by an employment tribunal. These were set up to dispense ‘common sense’ justice. Originally the aim was to be less formal than the high court, avoiding all that LA law-style posturing. But in practice, employment law has become much more complicated since tribunals were first envisaged, and while they are usually keen to assist applicants (especially if they are unrepresented) it can still be a daunting and confusing process.

In order to bring a claim you must submit an application called an IT1 to the appropriate tribunal – contact your local Citizens’ Advice Bureau (CAB). The CAB can give you the form, or you can get it from the tribunal or the Advisory, Conciliation and Arbitration Service (ACAS). It isn’t a complicated or legalistic form and you can either fill it out yourself, setting out briefly what your complaint is about, or, get a lawyer or representative to do it for you. As long as you lodge your claim in time, the content isn’t so critical – you can make amendments later. Remember, however, that you cannot change the basic cause of action.

On receipt of an application the tribunal will send a copy to your employer or ex-employer (known as the respondent). The respondent then has 21 days in which to reply. The reply (called an IT3) must set out the basis on which your employer intends to resist your claim. Bear in mind that receiving the IT3 back from the tribunal can be something of a shock. Your employer may start raising lots of issues you think are irrelevant or which are even hurtful. This may be the first step in what can seem like a sustained campaign to discredit you. Try not to be daunted and stick to your guns, however distressing it may be.

Next page: creating a case