Complaining to an employment tribunal

The following may complain to an employment tribunal:

• an employee who has been dismissed or who has resigned in circumstances in which they consider they were entitled to resign because of the consequences of the transfer (see Employees' position in a transfer). An employee must complain within three months of the date when their employment ended. (The method of calculating this date is explained in Unfairly dismissed? (PL712)).
• It may be unclear whether claims should be made against the previous or the new employer. In such cases, employees should consider whether to claim against both employers. Certain categories of employees are not entitled to claim unfair dismissal; a list of these is given in Unfairly dismissed? (PL712).
• an elected or trade union representative, if the employer does not comply with the information or consultation requirements (see Information and consultation). A representative must complain within three months of the date of the transfer;
• a representative or candidate for election who has been dismissed, or suffered detriment short of dismissal. A complaint must be made within three months of the effective date of termination (or, in the case of a detriment short of dismissal, within three months of the action complained of);
• a representative who has been unreasonably refused time off by an employer, or whose employer has refused to make the appropriate payment for time off, may also complain to an employment tribunal. A complaint must be made within three months of the date on which it is alleged time off should have been allowed or was taken;
• an affected employee where the employer has not complied with the information or consultation requirements other than in relation to a recognised trade union or an elected representative. A complaint must be made within three months of the date of the transfer. (In any one of the above cases the tribunal can extend the time limit if it considers that it was not reasonably practicable for the complaint to be made within three months.)
• an employee who wishes to claim a redundancy payment. The application should normally be made within six months of the dismissal (see document Redundancy payments (PL808)).

The necessary form IT1, or ITI (Scot) in Scotland, for application to a tribunal and explanatory leaflet How to apply to an employment tribunal can be obtained from local Jobcentre Plus offices.

If a representative complains to an employment tribunal that an employer has not given information about action proposed by a prospective new employer, and if the employer wishes to show that it was "not reasonably practicable" to give that information because the new employer failed to hand over the necessary information at the right time, the employer must tell the new employer that he or she intends to give that reason for non-compliance. The effect of this will be to make the new employer a party to the tribunal proceedings.