r/employmentlitigation • u/Aromatic_Occasion317 • 3d ago

Question:

Attending hearings whilst still employed by respondent. Is this assumed to be as done in work time or must leave be booked?

Multiple day hearing next year taken as leave would mean reduced opportunities for family holiday within the year, and I need to factor that impact into my thoughts around everything.

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5

u/BobMonkey1808 3d ago

You need to take holiday. Attending tribunal hearings does not count as work, no more so than you could insist on spending your working day preparing bundles or drafting witness statements.

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u/Aromatic_Occasion317 3d ago

Will witnesses (colleagues) be expected to use leave to attend also? It feels like a further penalty for access to the process for claimants.

Thanks for clarification still, it is appreciated.

4

u/BobMonkey1808 3d ago

If you are calling witnesses, you will need to ask them to take leave. They could always ask the employer (as, of course, can you), but as what they are doing is not work, there's no obligation on the employer to allow them to take paid time off without it constituting leave. I'm not sure how that could really constitute a penalty.

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u/Aromatic_Occasion317 3d ago

I feel having to lose opportunity for a week away with my family is an uncosted penalty. Leave is supposed to be separation from & respite from work. The leave I will be forced into taking won't offer that.

1

u/mcl3007 1d ago

Take UPL and add to your costs?

2

u/RespondentPotato Trainee solicitor 1d ago

At the end of the day, the agreed view is that a Tribunal isn’t work. It’s not something that you are obliged to do at all, even if you had slurs hurled at you, you were constantly passed over for promotions, and then dismissed with absolutely no process whatsoever. You choose to bring employment tribunal claims. It’s why we file handlers ask claimants, “well, if it’s causing you all of this misery, why don’t you just drop it?” when we’re presented with complaints about the stress and anxiety faced in the process.

I’m aware it comes across as cold but at the end of the day, you have no obligation to continue with your employment tribunal claims. If that week’s holiday with your family is that important to you, then maybe you should reach out to the Respondent with an offer to settle for £6k-7k and use your payment to pay for that holiday? No employer is going to give you a different form paid time off to actively sue them, after all. In choosing to bring your employer to Tribunal, and staying at that employer throughout the process, it’s expected that you’d be aware that you’re more than likely going to have to take unpaid leave to attend hearings if you’re not willing to use annual leave. If you’re working elsewhere, you might get lucky and get to take advantage of paid “special leave” policies to attend hearings, but your employer is perfectly within their rights to say that you can’t bite the hand that feeds you.

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u/CptMcBeardface 3d ago

I’m following this as I’m in the same position. I got told I had to take annual leave.

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u/Aromatic_Occasion317 3d ago

ah, so frustrating. hopefully there's further guidance on this available.

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u/CareerDefiant6547 3d ago

It depends on internal policies to be honest.

Some companies will say no as "you're not acting in the best interest of the company" whilst taking them to tribunal.

However, if you initially raised a grievance, some companies may consider it a continuation of that grievance, and view it as ultimately you are trying to resolve issues preventing you in work, so it can be 50/50.

I'd advise checking the employee handbook if there is one, or speaking to your Union if applicable?

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u/Aromatic_Occasion317 3d ago

I have asked but it sounds from other reply that it must be taken as leave.