Procedures - What Happens?

A simple guide as to what happens in an ordinary unfair dismissal case - it would be slightly different if it was constructive dismissal or discrimination or if two or three claims were being made at once.

1. We ask you to explain all the details of your complaint and provide us with all your documents. These are very important and help us get the story right first time, so you must give us everything. Even if it is something you feel embarrassed about, it is best if we know at the beginning.
2. We then produce a draft "Originating Application" to the tribunal. This sets out your story in our language and begins your legal claim.
3. Your opponent then has about three to four weeks to reply to your claim with their "defence". At this stage we review the case with you and see what your opponent is saying and what answers we can make.
4. We then exchange documents with your opponent and speak to you about any queries that arise.
5. We then start to write witness statements for you and for anybody else who is willing to help you. About three weeks before the hearing we exchange these with your opponent and see what their witnesses are saying. We always liaise with you and keep you fully involved.
6. We then produce what is called a "trial bundle". This includes all of the documents which will be used at the hearing, set out in proper order and indexed for convenience. This bundle, together with the witness statements, will form the evidence for both sides at the hearing.
7. We will be given a hearing date - usually at about 6 weeks' notice. The hearing will take at least one day, though it can take two or three days or even more, especially if it involves discrimination.
8. At the hearing, you will have to read your statement aloud and be asked questions about it by us and your opponent's solicitor. This experience can be difficult, but we guide you through it. We pride ourselves on our ability to expose your opponent's lies or exaggeration by asking probing and penetrating questions. Our fair but aggressive approach often leads to the early collapse of an opponent's case.
9. If you win, you receive an award of damages from the tribunal and usually this is paid within two to three weeks.
10. We try to settle the case before the hearing if possible by negotiations with ACAS, the Arbitration & Conciliation Service.