Employ tribunal Flashcards
(11 cards)
what act was employee tribunal created by?
Industrial training act 1964
what do employee tribunals provide?
- an alternative system of adjudication to formal civil courts
- hear disputes between employee and employer
On what bases might the dispute in employee tribunals be?
- rights to pay (minimum wage)
- unlawful treatment (under equality act 2010)
- Redundancy or unfair reduction form pay
- breach of contract
What are the procedures like for employee tribunals?
- less formal than civil court
- the panel sits on the same level
- Both parties will present their case through evidence given, and witnesses that are under oath who then will be cross examined (interrogated)
-legal representation is common
What are the hearings like in employee tribunals?
- done in public
- can be high profile case
- DECISIONS ARE LEGALLY BINDING
What is the high class case example of employee trubunals?
Samira Ahmed who won her claim of equal pay against BBC
What are the remedies of employee tribunals?
- compensation
-giving the job back - re-engaging in a different role
Where can a decision made in employee tribunals be appealed?
- court of Appel
- suprime court
- Employment tribunal appeal
On what bases can someone appeal a decision made by employee tribunals?
- error in law
- Error in fact
- Procedural unfairness
When can they appeal a decision made in employee tribunals? (Time)
Within 42 days
what is employee tribunals
A wider system of tribunals that work alongside the court system but sits in a separate building