To sue or not to sue

What next?

What follows can often seem like a huge black hole, as there will almost inevitably be a delay before your case is listed for hearing.

You’ll probably hear fairly swiftly from ACAS – the independent conciliation service – who will appoint an officer to handle your case. It is possible to negotiate a settlement via ACAS at any time before the hearing date. ACAS are also running a new scheme, which hopes in time to determine unfair dismissal cases in a more informal arbitration hearing, rather than proceeding to a full tribunal. If you do manage to agree a settlement, the ACAS officer will draw up a written agreement (COT3). Once signed, this will be binding on both parties. It records all the aspects of the settlement, including issues like confidentiality, liability and, sometimes, even an agreed written reference.

Directions hearing

Quite frequently, the tribunal will order a directions hearing. Think of this as an administrative procedure that will give you an advance taste of the final hearing. It’s not a full hearing and will typically last only 30-40 minutes. At this hearing the chairman will set out the timetable that he or she would like the parties to follow in the lead up to the full hearing. This will cover issues like the hearing date, which is likely to be about six months from issuing the claim (make sure you know which dates don’t work for you); any order for additional detail to be provided in either the IT1 or IT3 (“further and better particulars”); and dates for exchange of witness statements and hearing bundles (relevant documentation). It’s important to comply as far as possible with any such directions – nothing annoys tribunals more than an under-prepared case. During the directions hearing the chairman will also decide how long he or she thinks the full hearing will last. Most cases take only one day, but more complex cases can take longer.

Next page: the tribunal