Employment Tribunal

[lesarmstrong]

If you lose at an employment tribunal for unfair dismissal can you take additional action at county court for wrongful dismissal. What are the maximum costs that you can occur at county court

[Buenchico]

A county court would be bound by the decisions of the employment tribunal. The only appeal route is the Employment Appeal Tribunal. Normally the Appeal Tribunal will only examine matters of law. It can only consider issues of fact under very limited circumstances (e.g. when there is evidence to show that representations made to the employment tribunal were not founded on fact).

http://www.employmentappeals.gov.uk/

Chris

[buildersmate]

Wrongful dismissal is based upon contract law - whether the employer has broken the contract. There is a reasonable explanation of the difference here. Note that you can claim for wrongful dismissal at an ET (as well as other courts).
http://www.compactlaw.co.uk/monster/empf15.htm l
Your costs are going to be based upon the cost of employing your own legal team, plus if you lose the employer is likely to seek redress of its costs from you.
I don't suggest that you go there.

[buildersmate]

Not necessarily, Chris (your response appeared whilst I was typing).
An ET claim could be timed-out because of the 3-month rule, and hence 'failed'. It doesn't stop a wrongful dismissal claim.

[buildersmate]

Precis repeat of what Chris is saying, IAP.
All I am adding to that is that if the ET claim failed on a process technicality (like it was submitted out of time), it wouldn't go against the claimant if it came to court as wrongful dismissal.