What Is The Tribunal Process For Dismissal Hearings?

The tribunal process for dismissal hearings refers to the structured legal procedure used by Employment Tribunals in England and Wales to determine whether an employee's dismissal was lawful. These hearings commonly involve claims such as unfair dismissal, wrongful dismissal, discrimination linked to dismissal, and redundancy disputes.

Employment Tribunals operate under a formal but accessible legal framework designed to resolve workplace disputes without the complexity of higher courts. The process is governed primarily by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and the Employment Rights Act 1996.

Overview of the Employment Tribunal Process

A dismissal hearing is the final stage of a wider tribunal process. It typically includes:

• Early case submission
• ACAS Early Conciliation
• Claim and response exchange
• Preliminary hearings (if required)
• Final merits hearing (dismissal hearing)

The tribunal's role is to assess evidence and decide whether the dismissal was fair, lawful, and properly handled.

Step 1: ACAS Early Conciliation

Before submitting a tribunal claim, most claimants must notify the Advisory, Conciliation and Arbitration Service (ACAS) and engage in Early Conciliation.

During this stage:

• ACAS attempts to settle the dispute without a hearing
• Time limits for bringing a claim are paused
• A certificate is issued if settlement is not reached

Without this certificate, a tribunal claim cannot proceed.

Step 2: Submitting the Tribunal Claim (ET1 Form)

If settlement is not achieved, the claimant submits an ET1 claim form to the Employment Tribunal.

The ET1 sets out:

• Details of the claimant and respondent
• Employment history
• Nature of dismissal
• Legal basis of the claim (e.g. unfair dismissal under the Employment Rights Act 1996)
• Compensation or remedy sought

Once submitted, the claim is officially registered.

Step 3: Employer's Response (ET3 Form)

The employer must respond using an ET3 form, typically within 28 days.

The response includes:

• Whether the claim is accepted or disputed
• Reasons for dismissal
• Defence arguments (e.g. misconduct, redundancy, capability)
• Supporting evidence

Failure to respond may result in judgment being entered in favour of the claimant.

Step 4: Case Management and Preliminary Hearings

In more complex cases, the tribunal may hold preliminary hearings to:

• Clarify legal issues
• Decide what evidence is admissible
• Determine witness lists
• Set timelines for disclosure

These hearings help structure the case before the final dismissal hearing.

Step 5: Disclosure and Preparation

Both parties must exchange relevant documents. This stage includes:

• Employment contracts
• Disciplinary records
• Emails and internal communications
• Redundancy selection criteria (if applicable)
• Witness statements

Each side prepares a bundle of evidence, which is shared with the tribunal and the opposing party.

Witness statements are usually exchanged in advance and form a central part of the hearing.

Step 6: The Dismissal Hearing (Final Hearing)

The dismissal hearing is where the tribunal decides the case.

Tribunal composition

Typically consists of:

• An Employment Judge
• In some cases, two lay members (representing employer and employee perspectives)

Order of proceedings

The hearing generally follows this structure:

1. Opening statements
   • Each side outlines their case
2. Claimant's evidence
   • The employee gives evidence and is cross-examined
3. Employer's evidence
   • Managers or HR representatives give evidence and are questioned
4. Witness evidence
   • Additional witnesses may be called
5. Closing submissions
   • Legal arguments summarising each side's position

Step 7: Tribunal Decision

The tribunal considers:

• Whether the dismissal was fair under the Employment Rights Act 1996
• Whether proper procedure was followed
• Whether the employer acted reasonably in the circumstances
• Whether any legal rights were breached

Possible outcomes include:

• Claim upheld (in full or part)
• Claim dismissed
• Finding of unfair dismissal or wrongful dismissal

The decision may be given immediately or reserved and delivered in writing later.

Remedies After a Successful Claim

If the claimant wins, the tribunal may award:

1. Compensation

• Basic award (similar to redundancy calculation)
• Compensatory award for financial loss

2. Reinstatement

Return to the same job (rare in practice)

3. Re-engagement

Return to a similar role with the employer

In most cases, compensation is the primary remedy.

Time Limits for Bringing a Dismissal Claim

Most dismissal-related tribunal claims must be brought within:

• 3 months minus 1 day from the effective date of termination

This deadline is extended during ACAS Early Conciliation.

Failure to meet this deadline may result in the claim being time barred.

Common Types of Dismissal Cases Heard at Tribunal

1. Unfair dismissal

Assessing whether the employer acted reasonably in dismissing the employee.

2. Wrongful dismissal

Focuses on breach of contract, such as lack of proper notice.

3. Redundancy dismissal disputes

Concerns fairness of selection and consultation process.

4. Misconduct dismissals

Whether allegations were properly investigated and proven.

5. Capability dismissals

Whether performance management was fair and reasonable.

Key Legal Principles Applied by Tribunals

Employment Tribunals apply established legal principles, including:

• Range of reasonable responses test (whether dismissal fell within a reasonable employer's decision range)
• Procedural fairness (whether a fair process was followed)
• Burden of proof (generally on claimant to prove unfair dismissal, but shifts depending on issue)
• Mitigation of loss (claimant must reduce financial losses where possible)

Practical Considerations in Dismissal Hearings

Tribunal hearings are evidence-driven. Key factors influencing outcomes include:

• Quality and consistency of documentation
• Credibility of witnesses
• Whether disciplinary procedures were followed
• Whether investigation was reasonable and impartial
• Whether alternatives to dismissal were considered

Even small procedural errors can influence the tribunal's assessment of fairness.

Appeals and Post-Hearing Options

After a decision, parties may:

• Request a written judgment with reasons
• Apply for a reconsideration (limited grounds)
• Appeal to the Employment Appeal Tribunal (EAT) on points of law

Appeals do not reconsider facts unless a legal error is identified.

Key Takeaways

The tribunal process for dismissal hearings involves a structured legal procedure beginning with ACAS Early Conciliation and ending with a formal hearing before an Employment Tribunal. The process includes submission of claims and responses, evidence exchange, witness statements, and a final hearing where the tribunal determines whether the dismissal was fair and lawful. Outcomes may include compensation or reinstatement, depending on the findings. The process is governed by strict procedural rules and time limits, making preparation and documentation central to the outcome.