If you are a claimant

Before making a claim:

If you think you have a claim for an industrial tribunal to consider, you should make sure that the tribunal has the jurisdiction to deal with the claim you wish to raise, and that you submit your claim within the time limit allowed. There are different time limits for different matters and these are explained in the appropriate guides or booklets produced by the Department for Employment and Learning Employment Rights Division (see useful contacts) or visit  www.delni.gov.uk/index/er/erpublications.htm . Failure to make your claim within these time limits may deprive you of the right to have your claim heard by an industrial tribunal.
You can make your claim to the tribunal on-line, however if you require a manual claim form it can be obtained from any local Jobs and Benefits Office/JobCentre or from the Office of the Tribunals

Getting help with a claim

Your trade union or a Citizens Advice Bureau may be able to give you help with your claim.  For information relating to employment matters you may wish to contact the Labour Relations Agency.
In claims under the Equal Pay Act (Northern Ireland) 1970, the Sex Discrimination (Northern Ireland) Order 1976, the Race Relations Order (Northern Ireland) 1997, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003,or the Employment Equality (Age) Regulations (Northern Ireland) 2006 you may wish to contact the Equality Commission for Northern Ireland

According to your financial circumstances, you may also be entitled to Legal Aid for the purpose of obtaining legal advice in connection with a claim to a tribunal and the preparation of a case for hearing (but not for representation at the hearing).  Information about Legal Aid is available from the Northern Ireland Legal Services Commission.

Making a claim - required information

Your claim cannot be accepted unless it meets certain conditions. For example, it cannot be accepted if you have not given the mandatory / required information in one or more of the sections of the claim form. A claim to an industrial tribunal must state: -

a)each claimant’s name  and address;
b)each claimant’s gender and date of birth
c)the name(s) and address(es) of each person against whom the claim is made, (the respondent(s));
d)full detail of the claim(s) which you are making to inform the person or body complained against, of the case which has to be met;
e)whether or not the claimant is or was an employee of the respondent;
f)(if you are or were an employee of the respondent) :- whether or not your claim includes a complaint that the respondent has dismissed you or has contemplated doing so;
g)(if you are or were an employee of the respondent) :- whether or not you raised the matter detailed in the claim with the respondent in writing at least 28 days prior to presenting the claim to the Office of the Tribunals;
h)if you have not taken the action described in (g), why you have not done so.

Statutory dispute resolution

You are advised that dispute resolution regulations, became effective from 3rd April 2005. The regulations give new rights and responsibilities to both employers and employees. If you do not follow the procedures set out in these regulations you will no longer, as a general rule, be able to make a claim to an industrial tribunal based on a grievance with your employer or former employer (unless your grievance is about dismissal).

If the grievance, disciplinary or dismissal procedures have not been followed before the case goes to a tribunal, the tribunal will decide whether that is the fault of the employer or you. If it is your fault any money awarded will normally be decreased by at least 10% and possibly up to 50%. If it is the employer's fault it will be increased in the same way.

These new minimum procedures apply only to employees but not to other workers who supply services to employers, for instance freelancers or sub-contractors. If you need help or information on whether or not these procedures apply to you, you can contact the Labour Relations Agency,

Representation

An industrial tribunal will decide if your claim is well founded at, or following, a hearing at which you and the person or body against whom you are complaining may attend and speak. You may present your case yourself.  If you wish you may at any time nominate a person to represent you with their agreement e.g. trade union official, solicitor etc. You should name your representative on your claim form and obtain their advice on the completion of that form. Correspondence will thereafter be sent to your representative but you will be informed of the date, time and place of the Industrial Tribunal hearing and you will be sent your own copy of the Industrial Tribunal’s decision in due course. Make sure that your representative keeps you informed of the progress of your claim.

Receipt of the claim

The Office of the Tribunals will acknowledge receipt of your claim as soon as they have processed it. If your claim is accepted a copy of it will be sent to the respondent. We will inform the respondent(s) in writing about how to present a response to your claim, the time limit for doing so and what may happen if a response is not entered within the time limit.  You will be sent a copy of the response.

Further correspondence

After you have made your claim, any further correspondence about the case should be sent to the Office of the Tribunals. At the same time you should send a copy to the respondent.  You should also notify the Office of the Tribunals promptly of any change of address. Correspondence will usually be copied to any other party to the proceedings.

Withdrawal of claim

If you are the claimant and you decide to withdraw your claim before the commencement of the hearing, you must let the Office of the Tribunals know at the earliest possible moment and confirm this in writing. Without your written request for withdrawal, the tribunal may proceed to hear the case, even in your absence.