Public and Commercial Services Union

Employment Tribunals

PCS has successfully resolved large numbers of discrimination cases both internally and at Employment Tribunal level.

It is important to take advice at an early stage if there is a possibility that your case will reach an Employment Tribunal .

There are important deadlines which need to be met to prosecute a successful case. We can help you meet these deadlines.

We can also get advice on the merits of your case, either through the Equality, Health and Safety Department, or through the Employment Law Scheme.

Pursuing a discrimination complaint through the Employment Tribunals is not an easy option.

Members should only seek to resolve their case in this way if the issue cannot be resolved internally. It is not necessarily the case that a Tribunal will agree that the actions of your employer were discriminatory.

In fact, only a small percentage of cases are successful, and compensation awards can be low. Tribunal cases are also time consuming, emotionally gruelling and can be intimidating.

You should always take advice from PCS BEFORE submitting an Employment Tribunal application, subject to the deadlines below.

Important deadlines

Generally Employment Tribunal applications should be submitted within three months minus one day of the actual incident. The Tribunal may refuse to consider or hear a case where a complaint is submitted after the three month deadline.

Statutory dispute resolution procedures were introduced on 1 October 2004. The effect of these is that you should allow management 28 days to respond to your initial grievance before submitting an application to an Employment Tribunal.

Equal Pay claims must be lodged with the Tribunal within 6 months of termination of employment, or at any time during employment - provided that you are not in effect employed on a new contract during employment.

These are complex issues and PCS advice should be sought if you are unclear. The sooner the case is lodged, the more back pay can be claimed.

If there is any doubt about meeting deadlines, submit the application.

Discrimination questionnaires should be served within three months of the date of the act of discrimination, and within 21 days of an application to an Employment Tribunal.

In ALL cases, check with your PCS rep for advice on these deadlines.

Should internal procedures be exhausted before submitting an ET claim?

As far as practicable, and subject to deadlines not being missed, an Employment Tribunal will expect Claimants to follow and exhaust internal procedures.

If management fail to follow agreed policy, this will be to their detriment.

What is important is that the claimant can show that every attempt has been made to follow the internal procedure in order to progress the complaint internally but management have either failed to follow procedure or acted in such a manner that the procedures were frustrated.

Whilst responses to letters and questionnaires are awaited - it is important to be vigilant about deadlines previously described.

The application form

Applications to an Employment Tribunal are made using the form ET1. ET1s can be obtained through your PCS representative.

Alternatively, you can get a form from your local jobcentre, through ACAS, or directly from the Employment Tribunal Service.

You can download and fill in the form electronically by accessing the publications section of the Employment Tribunal Service website.

Ask your union rep for assistance to complete the application.