Petty Debts Court or Employment Tribunal
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When you need to make a claim against your employer, you must decide whether to pursue through the Petty Debts Court or the Employment Tribunal.
Below is a table of the differences between each service to help you decide. If you are still unsure, please contact JACS.
| Petty Debts Court | Employment Tribunal |
| Stamp Duty to bring the claim | No cost to bring the claim |
| Process can take a few weeks up to a few months | Process can take a few months to a year or more |
| Mediation at no extra cost | Mediation at no cost |
| No need to use a lawyer | No need to use a lawyer |
| Formal court | More user-friendly court |
| Has a public gallery, usually only attended by people with claims being heard that day | Has a public gallery, usually only attended by professionals for training purposes |
| Can award costs, including other party’s lawyer fees if they use one | Does not usually award costs, but other party could claim costs another way |
| Can only award unpaid wages, holiday pay, notice pay and out of pocket expenses | Can award any compensation under the Employment Law and out of pocket expenses |
| If claim goes to trial, affidavits are required which must be witnessed by a lawyer | Paperwork does not need to be witnessed by a lawyer |
| Potentially vast amounts of paperwork required, including bundles | Potentially vast amounts of paperwork required, including bundles |
| Names appear on Government court lists | Names appear on Tribunal website lists |
| Judgments added to credit records, affecting losing party’s future access to credit | Judgments published online, affecting both parties’ future employment/recruitment prospects |
| Can order how the debt is paid, including wage arrests and restraint on assets | Cannot order how debt is paid, so a claim may still need to be made at Petty Debts Court |