You have the right to appeal, whether informally to your employer, via the ACAS Early Conciliation process and if needed, via an Employment Tribunal. If you are unsure whether your case is relevant, especially regarding unfair dismissal, please consider the steps outlined on this page thoroughly.
Remember, it is always best to start with your employer’s policy for their disciplinary and grievance procedure – this policy should inform you of your right to appeal and inform you of the process of how to do it, in your workplace. Should you be unable to find an informal solution with your employer then you can take your case to an Employment Tribunal, although remember in most cases you will need to consult the ACAS Early Conciliation process.
If you have notified ACAS and conciliation fails (or you do not want to take part in it), and you meet the conditions to make a claim you then have to decide whether you want to make a claim. There is no charge to make a tribunal claim, in addition, you do not automatically have to pay your employer’s legal costs should you lose your case. You may still have to pay your legal costs. There is only a very small chance that you will have to pay your employer’s cost – costs orders are only made in less than 1% of cases.
Will someone speak for me at the employment tribunal?
If you have legal representation, they will normally do all the case preparation and represent (speak for) you at the tribunal. You may still have to speak to give evidence. If you are unable to afford our services then you will need to attend the tribunal without help.
What comes after?
If you’ve won, the tribunal might take a break to allow you and your employer to try to agree to a settlement. This can be a good idea, even at this stage, you may be able to use your win to ask your employer for a reference, as well as compensation. Should you not settle with your employer, you can return to the tribunal for them to make a compensation award. This might happen on the same day as your hearing – or it could be at a separate hearing.
Hopefully, this will be the end of your journey. However, your employer has the right to appeal the decision of the tribunal, should this happen please seek further legal advice and representation. Should you lose your case, you also have the right to appeal – again you should seek advice from legal professionals on whether you should appeal.
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