REPS GUIDE TO PROCESSING EMPLOYMENT TRIBUNAL CLAIMS

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Letter to Branches




No. 145/2015
Ref AJR/SB
Date: 13th March 2015

To : All Branches in England/Scotland & Wales


Dear Colleagues

THE BRANCH OFFICERS/REPS GUIDE TO PROCESSING EMPLOYMENT TRIBUNAL CLAIMS


This briefing is to assist Branches in advising and assisting members who are considering taking unfair dismissal/discrimination complaints to an Employment Tribunal. It replaces our previous guidance in LTB 498/2013.

Members’ Entitlements

Members are entitled to the benefits and services of the Legal Department as governed by National Rule 4.1.7. “Members of the Union are entitled to receive appropriate benefits and as negotiated by the Union either nationally or locally and appropriate legal services at the discretion of the NEC in accordance with published procedures”. Members should be made aware that the Union is not obliged to support any case unless we consider that it has reasonable prospects of success, i.e. 50% or more. This criterion was agreed by the Union at National Conference.

Members have the right to take a complaint of unfair dismissal or unlawful discrimination and other disputes to a Tribunal provided they meet the qualifying legal conditions. It is mandatory for members who are considering making a claim to notify Acas first by completing and submitting an Early Conciliation form. Members should always be made aware that an Employment Tribunal hearing is not a re-run of an employer’s internal discipline procedure and no matter how much an individual may feel an injustice has occurred, any application to the Employment Tribunal must be based on facts and not simply a desire to have a day in Court. The CWU has an obligation to assist its members. However, representation will only be authorised if a case has the required merits.

Branch and Reps Handling

As Branch Secretaries, you are responsible for processing requests for assistance from members of your Branch. The Employment Tribunal can also be accessed independently by members and their advisers. Our advice is that all Branches should have at least one Officer dedicated to these issues and a procedure to facilitate efficient and timely processing of all these ET claims to the Legal Services Department. We will be happy to discuss the practicalities of this advice with Branches, recognising the various internal structures and geographical spread.




Time Limits

It is vitally important that members are made aware of the time limits for submitting a claim to the Employment Tribunals. For unfair dismissal claims, the 3 month time limit begins from the effective date of termination of employment. Members should not wait for any internal appeals procedure to be completed and should proceed with the Acas Early Conciliation within the 3 months less 1 day of the effective date of termination of employment.

In discrimination cases, the time limit begins from the date of the last “act” complained of. Again, the Acas Early Conciliation process must begin within 3 months less 1 day of the date of the last “act” complained of.

Starting the Acas Early Conciliation (EC) process

From 6 May 2014, members will not be able to issue an Employment Tribunal claim before they have submitted an Early Conciliation Form to Acas and if conciliation is unsuccessful, received an Early Conciliation Certificate. The unique certificate reference number must be quoted on the ET1 claim form otherwise the Tribunal will reject the claim.

Members should register with Acas as soon as they become aware of a dispute that may lead to an Employment Tribunal claim.

The time limits for submitting a claim to the Tribunal office still apply but will be frozen once the application for EC has been received by Acas. This is a protected period during which time the clock is stopped with regards to the 3 month period for submitting an ET1 claim form.

The ET time limit clock restarts once the conciliation process ceases and the appropriate Acas certificate has been issued and received by the Claimant.

In cases where a Claimant is required to participate in EC, the ordinary limitation period for their claim(s) is extended to give the parties an opportunity to engage in the process. To achieve this, the limitation clock stops for a specific period, calculated as follows

Day A = Date the claimant submits the EC Clock stops the following day
form (or provides this information to ACAS
by telephone)

Day B = Date the claimant receives EC Clock resumes the following day
Certificate (or is deemed to receive it)

Example 1

Claimant X is dismissed on 10 March 2014
Ordinary limitation date: 9 June 2014
4 April Claimant completes EC Form online – Day A is 4 April. The clock stops from 5 April
20 April EC Certificate sent by email – Day B is 20 April
The clock stops from 5 April to 20 April amounting to 16 days (as all days are counted)
That period is added to the ordinary limitation date of 9 June.
Limitation expires on 25 June 2014.





Example 2

Claimant X is dismissed on 10 March 2014
Ordinary limitation date: 9 June 2014
4 April Claimant completes EC Form online – Day A is 4 April.
5 April EC Certificate sent by email – Day B is 5 April
The clock stops from 5 April to 5 April amounting to 1 day. That period is added to the ordinary limitation date of 9 June. Limitation expires on 10 June 2014

Example 3

Claimant X is dismissed on 10 March 2014
Ordinary limitation date: 9 June 2014
7 June Claimant completes EC Form online – Day A is 7 June.
1 July EC Certificate sent by email – Day B is 1 July
The clock stops from 8 June to 2 July (24 days). However, because ordinary limitation would have expired between Day A and within one month after Day B, limitation is extended by one month after Day B. Limitation therefore expires on 1 August.

Individuals can complete the early conciliation notification form electronically by contacting Acas via their website (this is their preferred option) – http://www.acas.org.uk/earlyconciliation" onclick="window.open(this.href);return false;

By telephone via their national helpline number   0300 123 1100

By posting the form to EC Notifications, Acas (Phoenix) PO Box 10279, Nottingham, NG2 9PE

Steps our members must take

1 Contact Acas as soon as possible irrespective of whether the member feels a settlement can be reached.

2 Provide Acas with their contact details along with the contact details of the employer and representative.

3 Details of the claim not needed at this stage

4 If member requires CWU assistance, provide Acas with contact details of Legal Services Department

5 If settlement can't be reached then Acas will issue EC certificate

6 Members can now submit an Employment Tribunal claim form (ET1) if still pursuing a dispute.

Please refer to LTBs 143/2014 and 044/2015 for further information on Acas EC.

Some claims are exempt from the requirement to submit an Early Conciliation Form. However, if in doubt, Acas should be contacted for advice as quickly as possible.








Authorisation of Legal Representation

In order for representation to be considered, the Legal Services Department will require our member’s ET1 claim form, the employer’s response (ET3) and all relevant internal discipline/grievance and appeal notes and decisions in order that an initial assessment can be made as to the merits of the claim. Assessments will be carried out either by CWU’s in-house ET panel or, where necessary, CWU’s authorised solicitors. Branches should resist from advising members as to the likely outcome of such assessments as this may lead to unrealistic expectations.


Employment Tribunal Fees

Employment Tribunal fees were introduced on 29th July 2013. A claim cannot be presented to an Employment Tribunal without payment of a fee or an application for remission of that fee. Claimants will be responsible for the payment of the issue fee which has to be paid at the same time as submitting the ET1 claim form. If the claim is accepted and proceeds to a full hearing, the Claimant has to pay an additional hearing fee shortly before the hearing. The relevant Employment Tribunal Office will notify the Claimant of the date for payment.

The fee the Claimant has to pay depends on the type of claim he/she is making, which falls into two main categories. Type A claims and type B claims.

Type A: these include claims about deductions from wages, unpaid wages, notice pay, redundancy pay and holiday pay. The issue fee for this type of claim is £160 and the hearing fee £230.

Type B: these include claims for unfair dismissal, equal pay, discrimination complaints, claims under the Public Information Disclosure Act (sometimes referred to as whistleblowing). The issue fee for such claims is £250 and the hearing fee £950.

Fee Remission

It is recognised that there may be certain Claimants who cannot afford to pay all or some of the fees. Consequently, there is a facility to apply for remission at both the tribunal application and hearing stage. Claimants may be entitled to a full remission (i.e. no fee will be payable) or part remission (i.e. only a contribution towards the fee will be payable) depending on their income. There are two levels of remission:

Remission 1 – if the member is in receipt of specified benefits
Remission 2 – if the member or their partner’s gross income is below a certain amount.

If remission is granted for the issue fee, it does not mean that it will automatically be granted for the hearing fee. A further application for remission of the hearing fee will have to be made. Further details can be found at http://www.justice.gov.uk/tribunals/employment" onclick="window.open(this.href);return false;

Payment of Fees

The CWU has recognised that the introduction of fees restricts our members’ ability to access the tribunal system. In considering the level of assistance the CWU can provide to its members, the NEC has agreed to fund payment of the issue fee on behalf of our members who submit an ET1 application. Additionally, if the case is assessed as having the required prospects of success and subsequently authorisation is given by the Legal

Department to run the case on behalf of the member, if this case progresses to a full tribunal hearing, the NEC has also agreed to pay the hearing fee, as appropriate.

Branches should note the NEC has approved the funding of the tribunal fees on the basis that it will monitor both the administrative workings of the tribunal system and the financial costs to the CWU.

Making an Application

It still remains the members’ responsibility to submit their ET1 claim form to the Tribunal office and Branches may assist members with this process. Branches should not submit the form on the members’ behalf. Members will have the choice of the following two options:

Option 1 - Members can submit their ET1 claim form direct to the Tribunal Office and make the payment themselves. Once they have received an acknowledgement that the claim has been lodged they should send a copy of the claim to the Legal Services Department, with evidence of the amount paid, and refund of the issue fee will be made.

Option 2 - Members who feel they are not in a position to pay the issue fee must complete a Fee Remission form and present this to the Tribunal Office with their ET1 claim form. Applications for remission will be assessed by the Tribunal Office and a decision will be made as to whether the application is successful, or part or all of the fee become payable by the Claimant. In the event partial or whole payment is due to be paid our member must make the payment and subsequently provide documentary evidence to the Legal Services Department who will then refund the fees paid.

Branches should note and explain to members that once the ET claim has been lodged with the appropriate Tribunal office, the normal process for assessment will be made by the Department as to the merits of our members’ claims and further representation will be provided as appropriate. The payment of the fees does not indicate the CWU is providing representation on behalf of the member. This decision will be made once the application has been assessed.

Members choosing option 1 above must pay the issue fee when they submit their claim to the tribunal office, either online or by post. If they are submitting their claim online, they can pay by debit card or credit card. This is the quickest and easiest way to make a payment. If they send their claim by post, payment can be made by cheque or postal order made payable to HM Courts & Tribunal Services. Payments are collected through centralised processing centres. If a member is making a claim by post in England and Wales, the claim can be sent, with a cheque or postal order, to the Employment Tribunals Central Office, Post Office Box 10218, Leicester, LE1 8EG.

If the member is making a claim in Scotland, the form and payment should be sent to: Employment Tribunals Central Office, PO Box 27105, Glasgow, G2 9JR.

No fee or remission application

A claim will be rejected by the Tribunal if it is not accompanied by a fee or application for remission. The notice of rejection will explain the reason for this. However, the time limit for the claim will continue to run and the claim must be resubmitted within the original time limit.






Multiple Claimants

In addition to the single claimant fee structure, separate fees are payable for both Type A and Type B claims which involve multiple claimants. Further details regarding multiple claimants’ fee structure is available on http://www.justice.gov.uk/tribunals/employment" onclick="window.open(this.href);return false;

Application Specific Fees

In addition to issue and hearing fees there are also separate fees payable where certain applications are made to the Tribunal. These fees will be paid by the CWU in circumstances where authorisation has been given to represent the member.

Employment Appeal Tribunal (EAT) Fees

Fees have also been introduced to access the EAT and these are payable by the party lodging the appeal. The Appeal Fee is £400 and the hearing fee £1200

Details contained within this LTB are for information purposes only and members should be made aware that it is not given as qualified legal advice. Such legal advice can only be provided by a solicitor.

If you have any further enquiries regarding the above then please contact Mr Tony Rupa, Head of Legal Services, Communication Workers Union, 150 The Broadway, London, SW19 1RX. Telephone 0208 971 7444 or via email trupa@cwu.org

Yours sincerely




Tony Rupa
HEAD OF LEGAL SERVICES

Useful sources of information :

http://www.justice.gov.uk/tribunals/employment" onclick="window.open(this.href);return false;
http://www.justice.gov.uk/courts/fees" onclick="window.open(this.href);return false;
http://www.acas.org.uk" onclick="window.open(this.href);return false;
http://www.equalityhumanrights.com" onclick="window.open(this.href);return false;

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INDEX

A. Advice on members’ ET rights
B. Check list
C. Branch Consultation Record
D. Standard Letter – Unfair Dismissals
E. Standard Letter – Unlawful Harassment/Discrimination
F. Required documentation list
G. Notices


A
ADVICE TO BRANCHES

MEMBERS HAVE THE RIGHT TO GO TO A TRIBUNAL BUT UNION REPRESENTATION IS DISCRETIONARY


The Union has an obligation to ensure that members know their rights. Failure to do so could give rise to legal action against the Union by aggrieved individuals. It can have serious and costly consequences for the Union, as well as reflecting badly on the quality of service that we provide to members.

TRIBUNALS CAN AND DO AWARD SUBSTANTIAL COSTS against members who pursue ET claims which have no reasonable prospect of success or where they have acted vexatiously, abusively, disruptively or unreasonably.

When a member consults a union official about a disciplinary matter or grievance and/or harassment, brief details should always be entered on the Branch Consultation Record form, which is attached, a note of the date(s) by which an ET1 would have to be presented, and the member’s signature obtained to confirm that he/she has been properly advised. This is for your protection should any issue arise later. A copy should be sent to CWU Legal Services Department and one kept on your file.

A standard letter for issue to the member is also attached. It is vital that this letter is issued to all members who find themselves in dismissal or harassment/discrimination situations (different version) and that a dated copy is kept on file.

Do not wait until an internal appeal has taken place before advising your member of his/her rights by issuing the appropriate standard letter.

This can be issued at the time of the initial branch consultation or by the person representing at the formal stage of disciplinary or grievance proceedings. Therefore, you should provide all representatives with a copy of this guidance and get them to complete the consultation form, if appropriate. A suggested form of words for notice boards is also attached and this should be displayed prominently in all workplaces.

Members should be advised that they should not put the CWU’s name as their representative on the ET1 Form when it is being submitted. If the Union at CWU Headquarters agrees to represent at a subsequent Tribunal hearing, the Tribunal will be informed accordingly.

Please remind members that the services of the Legal Department are provided in accordance with the Union’s National Rules. Rule 4.1.7 (Members Entitlements) states that “Members of the Union are entitled to receive appropriate benefits and as negotiated by the Union either nationally or locally and appropriate legal services at the discretion of the NEC in accordance with published procedures”.

B

Checklist for Branches





Complete the Branch Consultation Record fully and ensure the member signs.
Issue the standard letter to the member and stress to the member that it is their responsibility to complete and submit the Acas Early Conciliation Notification form.

Advise member that once the Acas Early Conciliation process is completed, he/she will be issued with a certificate which has a unique reference number which must be quoted on the ET1

Advise member that it is his/her responsibility to complete and present the ET1 form and pay the issue fee or apply for remission.
Information marked with an asterisk (*) on the ET1 must be provided. Check that this information is entered on the form.
At Section 11 of the ET1 form (‘Your Representative’) words such as ‘REPRESENTATION TO BE DECIDED’ should be used. DO NOT PUT YOUR NAME OR THE UNION’S AT THIS STAGE.
In discrimination cases, advise/assist member to lodge an internal grievance in writing,
If a member has resigned, claiming ‘constructive’ unfair dismissal, they should write a full and carefully considered dated letter of grievance at the time.
If in doubt about any of these steps, seek advice from the Legal Services Department.
C
BRANCH CONSULTATION RECORD

Name of Branch ……………………………………………………………………………………….

Name of Official and position held …………………………………………………………………..

Name, address and position of member ……………………………………………………………

……………………………………………………………………………………………………………

Date and place of consultation ……………………………………………………………………….

State briefly the reason for consultation …………………………………………………………….

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

If Complaining of Discrimination/Harassment, date of event(s) complained of .………………

Has an internal grievance been lodged?...................... Date: ……………………………….

Date employment commenced ……………………………………………………………………

Date employment terminated
(if applicable) ……………………………………………………………………………

Date by which an ET1 has to be presented to the Employment Tribunal……………………….
(Normally 3 months less 1 day from the effective date of termination of employment or event(s) complained of but you must go through the Acas Early Conciliation process first)

Representative ………………………………………………. Tel No. ……………………………...

The following declaration must be read to and signed by the member:

I have received the Union’s written advice about my rights of access to an Employment Tribunal, which I have noted. I will co-operate fully by notifying the Union of all communications received from the Tribunal or other parties

I understand that the services of the Legal Department are provided in accordance with the Union’s National Rules. Rule 4.1.7 (Members Entitlements) states that “Members of the Union are entitled to receive appropriate benefits and as negotiated by the Union either nationally or locally and appropriate legal services at the discretion of the NEC in accordance with published procedures”.

Signed …………………………………… Signed ……………………………………
(CWU Member) (CWU Official)

Date ……………………………………………………..


A COPY OF THIS FORM MUST BE SENT TO: Tony Rupa, Head of Legal Services, CWU, 150 The Broadway, London SW19 1RX
D
COMPLAINTS OF UNFAIR DISMISSAL TO EMPLOYMENT TRIBUNALS

(STANDARD LETTER TO MEMBERS)

Without Prejudice THIS IS AN IMPORTANT LETTER
PLEASE READ IT CAREFULLY
To

Date

Dear

Following your consultation with us recently, this is to confirm the advice given on your rights.

1. All employees who think they have been unfairly dismissed may seek a legal remedy by complaining to an Employment Tribunal. However, to succeed they must convince a Tribunal that the employer’s action was unfair and unreasonable in law. To bring an ordinary unfair dismissal claim, you must have been continuously employed by the employer for at least two years. There are some exceptions to the qualifying service.

2. All claims to the Employment Tribunal MUST be received by the Tribunal Office within very strict time limits. This is usually three months less one day from the effective date of termination of employment. However, it is a legal requirement to first submit an Early Conciliation Notification form with ACAS within these time limits otherwise the Tribunal will reject your claim when it is presented. The ACAS form can be obtained on line at http://www.acas.org.uk" onclick="window.open(this.href);return false; or by contacting ACAS by telephone. The required ET1 form and information on how to make a claim to the Employment Tribunals can be obtained on line at http://www.justice.gov.uk/tribunals/employment" onclick="window.open(this.href);return false;, Citizens Advice Bureaux, law centres or Job Centre Plus offices.

3. If you wish to make a claim to the Employment Tribunals, you have to pay a fee when submitting your ET1 claim form or apply for remission if you are unable to pay. The Union will refund this fee when it receives evidence of payment. Should your claim proceed to a full hearing, an additional fee is also payable by you unless you are entitled to remission. This fee will also be refunded if the CWU agrees to represent you at the hearing.

4. Going to a Tribunal should not be considered as an automatic step. There must be substantial evidence to support any case which goes to an Employment Tribunal. These Tribunals are quite legalistic and employers invariably engage lawyers to defend claims. Your complaint must explain in detail, which can be supported by evidence, why you think you have been unlawfully dismissed.

5. The Union at CWU Headquarters will carefully consider representing your case but it may not be able to assist if it does not believe that there are reasonable prospects (i.e. having a 50% or more chance) for a successful application because of legal or evidential difficulties. If you wish to make a claim, please act now. Do not wait until the internal process is completed if it means that your claim is likely to be out of time. It is your responsibility to submit both your ACAS Early Conciliation Form and your claim to the Employment Tribunals.


In order to enable the Union to consider the matter properly, it is essential that all relevant information/documents are collated and forwarded with a copy of the ET1 so that I may process the matter through the Legal Services Department at Head Office. A copy of any communication from the Tribunal office, ACAS or the employer’s solicitors must be forwarded as soon as received.

No promise of assistance with the hearing can be given at this time, nor must this letter be seen as a commitment to represent or assist you. A request for assistance will be considered on its merits by the Union.

Yours sincerely

BRANCH SECRETARY
E
UNLAWFUL DISCRIMINATION/HARASSMENT COMPLAINTS TO EMPLOYMENT TRIBUNALS
(STANDARD LETTER TO MEMBERS)
THIS IS AN IMPORTANT LETTER
PLEASE READ IT CAREFULLY
To
Date

Dear

Following your consultation with us recently, this is to confirm the advice given on your rights.

1. All workers who think they have been unlawfully discriminated against because of one of the protected characteristics such as age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex or sexual orientation may be entitled to make a complaint to an Employment Tribunal. Sexual harassment is a form of discrimination as is harassment on many of the above grounds. Evidence about the treatment complained of will be needed for the Tribunal.

2. Internal grievance and/or harassment procedures must usually be followed. Branch Officers and representatives will be involved in these internal procedures to assist you and assistance is also available from the Equality and Legal Services Departments at Headquarters. The correspondence, notes of interview and other documentation generated during the grievance will provide evidence for your tribunal case.

3. All claims to the Employment Tribunals MUST be received by the Tribunal Office within very strict time limits. This is usually three months less one day from the date of the act you are complaining about. . However, it is a legal requirement to first submit an Early Conciliation Notification form to ACAS within these time limits otherwise the Tribunal will reject your claim when it is presented. The ACAS form can be obtained on line at http://www.acas.org.uk" onclick="window.open(this.href);return false; or by contacting ACAS on 0300 123 1100. The required ET1 form and information on how to make a claim to the employment tribunals can be obtained on line at http://www.justice.gov.uk/tribunals/employment" onclick="window.open(this.href);return false; , Citizens Advice Bureaux, law centres or Job Centre Plus offices. The Equality and Human Rights Commission’s website (http://www.equalityhumanrights.com" onclick="window.open(this.href);return false;) provides information about the law on discrimination/harassment and tribunal process.

4. If you wish to make a claim to the Employment Tribunals, you have to pay a fee when submitting your ET1 claim form or apply for remission if you are unable to pay. The Union will refund this fee when it receives evidence of payment. Should your claim proceed to a full hearing, an additional fee is also payable by you unless you are entitled to remission. This fee will also be refunded if the CWU agrees to represent you at the hearing.

5. There must be substantial evidence to support any case that goes to an Employment Tribunal. Discrimination cases rely on establishing essential facts proving discrimination. Employers invariably engage lawyers to defend actions in Tribunal and the process is now like going to court.

7. The Union at CWU Headquarters will carefully consider representing your case after investigations have been carried out. It will need to be satisfied that your case has reasonable prospects of success i.e. 50% or more. If you wish to make a claim, please act promptly. Do not wait until the internal process is completed if it means your claim is likely to be out of time. It is your responsibility to submit your claim to the Employment Tribunals.

In order to enable the Union to consider the matter properly, it is essential that all relevant information/documents are collated and forwarded with a copy of the ET1 so that I may process the matter through the Legal Services Department at Head Office. A copy of any communication from the Tribunal office, ACAS or the employer’s solicitors must be forwarded as soon as received.

No promise of assistance with the hearing can be given at this time, nor must this letter be seen as a commitment to represent you. A request for assistance will be considered on its merits by the Union.

Yours sincerely

BRANCH SECRETARY
F


KEY DOCUMENTS WHICH SHOULD ACCOMPANY OR QUICKLY FOLLOW ALL REQUESTS FOR REPRESENTATION


In order for us to consider any request for assistance adequately, we MUST receive copies of the following documentation either with the letter or immediately when available:


Dismissal letter or response by manager to grievance or harassment complaint

Notes of all relevant meetings/hearings including the appeal and decisions made

All relevant internal correspondence

ET1 claim form and confirmation of payment of issue fee/application for remission

Employer’s response (ET3) including grounds of resistance

All Tribunal/legal correspondence in the member’s possession
G
For Notice Boards

Dear Colleague

APPLICATION TO AN EMPLOYMENT TRIBUNAL

The following information is for members of the Branch who wish to take a complaint to an Employment Tribunal.

1. It is YOUR responsibility to OBTAIN AND submit An acas early conciliation form. THIS HAS TO BE DONE BEFORE YOU CAN SUBMIT AN EMPLOYMENT TRIBUNAL CLAIM. You can complete this online at http://www.acas.org.uk" onclick="window.open(this.href);return false; or contact ACAS on 0300 123 1100

2. it is YOUR RESPONSIBILITY TO OBTAIN AND SUBMIT AN APPLICATION to the office of Employment Tribunals. This is called an Et1 form obtainable on line at http://www.justice.gov.uk/tribunals/employment" onclick="window.open(this.href);return false;, Citizens Advice Bureaux or other Government agencies

3. THERE IS A STRICT TIME LIMIT – NORMALLY WITHIN 3 MONTHS
e.g. for unfair dismissal claims, 3 months less one day from the effective date of termination of employment; for discrimination claims, 3 months less one day from the date of the incident(s) complained of. The Early Conciliation Form must be presented to ACAS during these time limits.

4. If you need Union assistance with your claim, you must contact your BRANCH SECRETARY bringing all relevant documentation. A copy of your ET1 form should be provided to the Branch.

5. You are reminded that the services of the Legal Department are provided in accordance with the Union’s National Rules. Rule 4.1.7 (Members Entitlements) states that “Members of the Union are entitled to receive appropriate benefits and as negotiated by the Union either nationally or locally and appropriate legal services at the discretion of the NEC in accordance with published procedures”.

6. If you wish to make a claim to the Employment Tribunals, you will have to pay a fee when submitting your ET1 claim form or apply for remission if you are unable to pay. The Union will refund this fee when it receives evidence of payment. Should your claim proceed to a full hearing, an additional fee is also payable by you unless you are entitled to remission. This fee will also be refunded if the CWU agrees to represent you at the hearing.

Under no circumstances should members delay the submission of their applications to the Employment Tribunal Office.
Yours sincerely

BRANCH SECRETARY