Tribunals

NB: The information on this page is aimed at practice owners who employ staff

What's involved in a tribunal?

Tribunals are designed to resolve disputes between employers and employees. They are an independent part of the legal system, separate from courts, and are often necessary as a last resort to obtain unsettled payments.

The law can be complex. While it is not mandatory to have a lawyer representing you, it is advisable for all but the simplest of cases. You can also be represented by a lay person, such as a friend or family member.

The length of the tribunal process varies depending on the severity of the case and the tribunal itself. The procedure can take between a couple of months to a few years.

Tribunals can be a daunting and time-consuming process for all concerned and should be a last resort. In most cases, issues in the dental practice can be resolved through constructive discussion, following any applicable employment policies and negotiation between parties.

Even when a claim has been issued, there are still opportunities to reach a resolution through discussion via the Advisory, Conciliation and Arbitration Service (ACAS) and through the Judicial Mediation process. We have a mediation service to help our members reach agreement when they are in dispute.

If unavoidable, the tribunal process follows specific procedural steps:

Notify ACAS

Submit a claim form

Set a timetable

Once the tribunal has received the forms, they will set a timetable for the case. Often the tribunal will arrange a meeting with the parties (usually online) to discuss what the issues are to be decided and to set the timetable. That timetable will usually set dates for key aspects of tribunal preparation, such as when documents are exchanged, when the bundle of documents for the tribunal has to be completed and when witness statements are exchanged

Final hearing

Reconsideration or appeal

What could lead to a case before a tribunal?

There are several reasons why claims are brought to an employment tribunal, such as:

Unfair dismissal and redundancy claims

Claims about unpaid wages or unpaid holiday pay

Claims of unlawful discrimination

Claims of detrimental treatment following protected disclosures (whistleblowing).

What does it cost?

Depending on the circumstances of the case, the cost for a tribunal can differ.

If you are represented by a trade union or have legal expenses insurance, which we always recommend, your fees may be completely covered. However, if you are funding a case yourself, the legal fees can reach more than £20,000.

Another cost you need to consider before deciding to move forward with the tribunal process is the expense of being away from your business, along with your staff, for prolonged periods of time. While you won’t technically be spending any money, you will be losing profit.

What tribunal support can the BDA offer?

We work with our members to resolve disputes in the most cost effective and time efficient way. We aim to do this by exploring opportunities for resolution at the earliest stage possible.

Occasionally, where resolution cannot be achieved, we advise and represent our members in connection with tribunal proceedings. We will do this where we assess the case as having reasonable prospects of success at tribunal.

To find out more, please email [email protected] or call 020 7935 0875 – and please have your membership number ready.