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.
What
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