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About Employment Claims Tribunals hearings

An Employment Claims Tribunals (ECT) hearing takes place before a judge called the tribunal magistrate. The tribunal magistrate will direct the flow and manner of the proceedings.

Parties will get to present their cases to the tribunal magistrate during the hearing.

Note

You will receive a notification via email 3 days before and via SMS 1 day before your hearing.

Attendance at the hearing is compulsory. If you are unable to attend your hearing on the given date, you may request to change your court date on the Community Justice and Tribunals System (CJTS), subject to the approval of the ECT.

After each party has presented their case

After each party has presented their case, the tribunal will take into account all the facts of the case before making an ECT order, including whether:

  • The claim is made out, based on the supporting documents submitted.
  • Any party failed, without reasonable excuse, to attend any mediation.
  • Any party failed, without reasonable excuse, to attend any ECT proceedings.

Orders the tribunal may make

Orders made by the tribunal may be enforced in the same manner as a judgment or an order made by a District Court. Depending on the nature of the claim, the tribunal may make one or more of the following orders at the end of the hearing:

The tribunal may make:

  • A money order.
    • This means one party must pay the other party the sum of money stated in the order by the due date, failing which the party entitled to be paid can start enforcement proceedings against the defaulting party.
  • A dismissal order.
    • A dismissal order can be made in respect of the whole, or any part of, any claim. This means that when a dismissal order is issued, a claim, or any part of a claim, is rejected, or that the ECT has found that the claim is not within the jurisdiction of the ECT. ECT proceedings in respect of the dismissed claim, or part of the claim, will cease.

The tribunal may also require one party to pay costs to another party or refer both parties for mediation.

The tribunal may:

  • (For reinstatement claims) Require an employer to reinstate an employee in the employee's former employment and to pay them an amount equivalent to the wages that they would have earned if they had not been dismissed.
  • (For compensation claims) Direct an employer to pay, as compensation to an employee, an amount of wages determined by the tribunal.
  • Dismiss the claim.
  • Require one party to pay costs to another party.
  • Refer both parties for mediation.

After an order is made

A copy of the ECT order will be made available to both parties on CJTS.

If a party does not comply with the ECT order, the other party may start enforcement proceedings against them.

A party may also appeal against the decision of a tribunal to the General Division of the High Court if unsatisfied with the decision. To do so, the party must first apply to the District Court for leave (permission) to appeal on any ground involving a question of law or that the claim was outside the jurisdiction of the tribunal.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Related questions

You may make an application on the Community Justice and Tribunals System (CJTS) to rectify an order of a tribunal for certain errors such as a typographical error.
2021/07/23

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