Employment Tribunal Flashcards
(134 cards)
1
Q
What is the purpose of an Employment Tribunal in the UK?
A
To resolve disputes between employers and employees regarding employment rights.
2
Q
True or False: Employment Tribunals are part of the court system in the UK.
A
False
3
Q
Fill in the blank: Employment Tribunals primarily handle claims related to _______.
A
employment rights
4
Q
What types of claims can be brought before an Employment Tribunal?
A
Claims such as unfair dismissal, discrimination, and wage disputes.
5
Q
What is the time limit for bringing a claim to an Employment Tribunal?
A
Generally, three months from the date of the incident.
6
Q
Who can represent a party in an Employment Tribunal?
A
Individuals can represent themselves or be represented by a lawyer or a trade union representative.
7
Q
True or False: Employment Tribunals can award compensation for loss of earnings.
A
True
8
Q
What is the role of the Employment Tribunal judge?
A
To hear cases, evaluate evidence, and make decisions based on the law.
9
Q
Multiple Choice: What is the maximum compensation for unfair dismissal claims in an Employment Tribunal?
A
A) £10,000 B) £80,000 C) No limit D) £30,000
10
Q
What is the standard of proof in Employment Tribunal cases?
A
The balance of probabilities.
11
Q
Fill in the blank: An Employment Tribunal decision can be appealed to the _______.
A
Employment Appeal Tribunal
12
Q
True or False: Employment Tribunals have the power to impose criminal penalties.
A
False
13
Q
What is a preliminary hearing in the context of an Employment Tribunal?
A
A hearing to determine the issues in dispute and the timetable for the case.
14
Q
What document must be submitted to initiate a claim in an Employment Tribunal?
A
A claim form (ET1).
15
Q
Multiple Choice: Which of the following is NOT a ground for claiming unfair dismissal?
A
A) Lack of capability B) Business closure C) Employee’s age D) Employee’s misconduct
16
Q
What is the role of ACAS (Advisory, Conciliation and Arbitration Service) in Employment Tribunal cases?
A
To provide conciliation services to help resolve disputes before they reach tribunal.
17
Q
True or False: Witnesses can provide evidence in Employment Tribunal hearings.
A
True
18
Q
What is the difference between ‘ordinary unfair dismissal’ and ‘automatically unfair dismissal’?
A
Ordinary unfair dismissal requires proof of unfairness, while automatically unfair dismissal does not require this if the dismissal falls under specific reasons.
19
Q
Fill in the blank: A claim for discrimination must be made within _______ months of the discriminatory act.
A
three
20
Q
What is meant by ‘reasonable adjustments’ in the context of disability discrimination?
A
Changes an employer must make to accommodate an employee’s disability.
21
Q
Multiple Choice: Which of the following is a protected characteristic under the Equality Act 2010?
A
A) Gender B) Hair color C) Height D) Nationality
22
Q
What is the purpose of a case management discussion in an Employment Tribunal?
A
To ensure that the case is prepared efficiently for hearing.
23
Q
True or False: Employment Tribunal hearings are usually held in public.
A
True
24
Q
What does ‘constructive dismissal’ mean?
A
When an employee resigns due to the employer’s behavior making it impossible to continue working.
25
Fill in the blank: Employees can claim _______ if they are dismissed for whistleblowing.
automatic unfair dismissal
26
What is the significance of the 'burden of proof' in Employment Tribunal cases?
It determines which party is responsible for proving their case.
27
Multiple Choice: Which of the following claims can lead to a tribunal hearing?
A) Breach of contract B) Personal injury C) Tax disputes D) Family law issues
28
What is the role of the Employment Appeal Tribunal?
To hear appeals against decisions made by Employment Tribunals.
29
True or False: Tribunal decisions are legally binding.
True
30
What is the process for resolving disputes before going to tribunal?
Parties are encouraged to use mediation or ACAS conciliation.
31
Fill in the blank: An employee must have at least _______ continuous service to claim unfair dismissal.
two years
32
What is meant by 'vicarious liability' in employment law?
An employer's responsibility for the actions of their employees in the course of their employment.
33
Multiple Choice: Which organization provides guidance on employment rights in the UK?
A) ACAS B) HMRC C) Citizens Advice D) All of the above
34
What does 'protected disclosure' refer to?
Reporting wrongdoing or malpractice in the workplace, protected by law from retaliation.
35
True or False: Employment Tribunals can award reinstatement as a remedy.
True
36
What is the main legislation governing employment rights in the UK?
The Employment Rights Act 1996.
37
Fill in the blank: A tribunal can order an employer to pay _______ to compensate for loss of earnings.
damages
38
What is a 'statement of case' in the context of Employment Tribunals?
A document outlining the claims and defenses in a tribunal case.
39
Multiple Choice: Which of the following is NOT a type of Employment Tribunal claim?
A) Discrimination B) Unfair dismissal C) Contractual dispute D) Divorce
40
What is the legal definition of 'discrimination' under UK law?
Unfair treatment of a person based on a protected characteristic.
41
True or False: Employees can claim for stress-related illnesses caused by work conditions.
True
42
What is the purpose of the 'ET3' form?
It is the response form an employer must file when a claim is made against them.
43
Fill in the blank: An appeal to the Employment Appeal Tribunal must be made within _______ weeks of the tribunal's decision.
42
44
What does 'whistleblowing' refer to in employment law?
Reporting illegal or unethical behavior in the workplace.
45
Multiple Choice: Which of the following is a claim for indirect discrimination?
A) A hiring policy that disproportionately affects a minority group B) Refusing to hire someone due to their sexual orientation C) Terminating an employee for maternity leave D) All of the above
46
What is the first step to submit a claim to an employment tribunal in the UK?
Contact Acas for early conciliation.
47
True or False: You must submit a claim to the tribunal before contacting Acas.
False.
48
What does Acas stand for?
Advisory, Conciliation and Arbitration Service.
49
Fill in the blank: You must submit your claim to the tribunal within ____ months of the incident.
three.
50
What is the purpose of early conciliation through Acas?
To resolve disputes before they reach tribunal.
51
What form must you complete to submit a claim to the tribunal?
ET1 form.
52
True or False: You can submit your claim online.
True.
53
What types of claims can be submitted to an employment tribunal?
Discrimination, unfair dismissal, wage disputes, etc.
54
What is the time limit for bringing a claim for unfair dismissal?
Three months from the date of dismissal.
55
What must you include with your ET1 form?
A summary of your claim and relevant details.
56
True or False: You need legal representation to submit a claim.
False.
57
What happens if early conciliation does not resolve the dispute?
You can proceed to submit your claim to the tribunal.
58
What is the fee structure for submitting a claim to the employment tribunal?
Fees vary based on the type of claim but were abolished in 2017.
59
What is the role of the tribunal judge?
To make decisions on employment disputes based on the law.
60
Fill in the blank: If your claim is accepted, you will receive a notice of ____ from the tribunal.
claim.
61
What document outlines the details of the claim submitted to the tribunal?
ET1 form.
62
True or False: You can appeal a tribunal decision.
True.
63
What is the purpose of the case management hearing?
To manage the case and set a timetable for the tribunal.
64
What is typically discussed in the preliminary hearing?
Preliminary issues and case management.
65
What must the respondent do after receiving the claim?
Submit a response using the ET3 form.
66
Fill in the blank: The tribunal will send you a ____ to confirm the hearing date.
notice.
67
What is the maximum compensation for unfair dismissal claims?
There is no set maximum; it depends on the case specifics.
68
What type of evidence can you present at the tribunal?
Witness statements, documents, and other relevant evidence.
69
True or False: Tribunal hearings are usually open to the public.
True.
70
What is a judgment in the context of an employment tribunal?
The tribunal's decision on the case.
71
What happens if you fail to attend the tribunal hearing?
The tribunal may make a decision in your absence.
72
Fill in the blank: You may be required to provide ____ to support your claim.
evidence.
73
What is the role of a witness in a tribunal case?
To provide testimony supporting either party's claims.
74
True or False: You can represent yourself at the tribunal.
True.
75
What is a settlement agreement?
An agreement to resolve the dispute without going to tribunal.
76
What is the function of the tribunal's written reasons for its decision?
To explain the basis for the tribunal's judgment.
77
Fill in the blank: The tribunal can order the employer to pay ____ if the claim is successful.
compensation.
78
What is a 'remedy' in the context of employment tribunal claims?
A solution or compensation awarded to the claimant.
79
What can you do if you disagree with the tribunal's decision?
You can appeal to a higher tribunal or court.
80
True or False: The tribunal's decision is final and cannot be challenged.
False.
81
What is the typical duration of an employment tribunal hearing?
It can vary, but usually lasts one day to several weeks.
82
What is the role of legal advisers in tribunal hearings?
To provide legal guidance and support to the parties.
83
What should you do if you have a disability and need adjustments at the tribunal?
Inform the tribunal in advance of your needs.
84
Fill in the blank: Employers must respond to the ET3 form within ____ days.
28.
85
What is the purpose of the 'case management directions'?
To set out how the case will proceed before the tribunal.
86
True or False: All claims must go through mediation before reaching the tribunal.
False.
87
What is the significance of the 'date of claim'?
It determines the time limits for submitting the claim.
88
What is a 'pre-hearing review'?
A hearing to resolve preliminary issues before the main hearing.
89
What happens if the tribunal finds in favor of the claimant?
The tribunal may order compensation or other remedies.
90
Fill in the blank: The tribunal's decision can be enforced through the ____ Court.
County.
91
What is the importance of gathering evidence for your claim?
To support your case and substantiate your claims.
92
True or False: Witnesses can be cross-examined during the tribunal hearing.
True.
93
What is the role of the employment tribunal in the UK?
To resolve disputes between employers and employees.
94
What should you do if your employer retaliates after you submit a claim?
Report the retaliation to the tribunal or seek legal advice.
95
What is the primary body that hears appeals in employment cases in the UK?
The Employment Appeal Tribunal (EAT).
96
True or False: An appeal to the Employment Appeal Tribunal can be made solely on the basis of dissatisfaction with the decision.
False.
97
Fill in the blank: An appeal can be made on the grounds of __________ errors of law.
serious.
98
What type of error must be demonstrated for an appeal based on procedural unfairness?
A significant procedural irregularity.
99
Which of the following is NOT a ground for appeal to the Employment Appeal Tribunal? A) Error of law B) Fresh evidence C) Unreasonable decision
B) Fresh evidence.
100
True or False: An appeal can involve re-evaluating the facts of the case.
False.
101
What is one reason an appeal may be allowed based on the tribunal's decision?
If the decision was perverse.
102
Fill in the blank: Appeals must generally be made within __________ of the original decision.
42 days.
103
What is the standard of review for an Employment Appeal Tribunal?
The EAT reviews whether the original tribunal made a legal error.
104
True or False: An Employment Appeal Tribunal can hear new evidence during an appeal.
False.
105
What must be included in an appeal notice to the Employment Appeal Tribunal?
The grounds of appeal and the decision being appealed.
106
Fill in the blank: The EAT does not have the power to __________ the original tribunal's decision.
rehear.
107
What is a common ground for appeal related to the tribunal's interpretation of the law?
Misinterpretation of statutory provisions.
108
True or False: A party can appeal to the EAT if they believe the tribunal reached a wrong conclusion based on the evidence.
False.
109
What is the role of the Employment Appeal Tribunal?
To ensure the correct application of law in employment tribunal decisions.
110
Fill in the blank: The EAT can overturn a decision if it finds the tribunal acted __________.
unreasonably.
111
What does 'perverse decision' mean in the context of an employment tribunal appeal?
A decision that no reasonable tribunal could have reached.
112
True or False: Appeals can be made on the basis of bias in the tribunal.
True.
113
What is required for an appeal based on new evidence?
It must be shown that the evidence was not available at the time of the original hearing.
114
Fill in the blank: An appeal must be lodged with the EAT __________ after the tribunal's decision.
within 42 days.
115
What type of tribunal decision can be appealed?
Any decision made by an employment tribunal.
116
True or False: The EAT can change the original tribunal's findings of fact.
False.
117
What is a key factor in determining if an appeal will be allowed?
Whether the error made was significant enough to impact the outcome.
118
Fill in the blank: The EAT primarily reviews __________, not evidence or witness credibility.
legal principles.
119
What must a party do before appealing to the EAT?
Obtain permission to appeal.
120
True or False: An Employment Appeal Tribunal can impose sanctions on the original tribunal.
False.
121
What does the term 'grounds of appeal' refer to?
The reasons a party believes the tribunal's decision was incorrect.
122
Fill in the blank: A successful appeal can lead to a __________ decision being quashed.
tribunal.
123
What is the purpose of the Employment Appeal Tribunal?
To ensure fairness and correct application of employment law.
124
True or False: The EAT can award damages in an appeal.
False.
125
What is the significance of 'time limits' in the context of appeals?
Failure to adhere to time limits can result in dismissal of the appeal.
126
Fill in the blank: An appeal may also be based on an __________ of the tribunal's discretion.
abuse.
127
What is the role of the appellant in an appeal to the EAT?
To demonstrate that the tribunal made a legal error.
128
True or False: All decisions made by employment tribunals can be appealed to the EAT.
True.
129
What is one common misconception about the Employment Appeal Tribunal?
That it can re-hear the case on its merits.
130
Fill in the blank: The EAT's decision is __________ and cannot be appealed further.
final.
131
What are the grounds for an appeal in employment tribunal?
Arguable error of law in a decision of an Employment Tribunal.
Must identify flaws in the legal reasoning for the original decision. The EAT will not normally re-examine issues of fact.
132
What is NOT considered error of law and grounds for appeal to an employment tribunal?
finding of fact that you disagree with to reject some or all evidence
to prefer the evidence of the other side
to exercise a discretion against you not
to determine every dispute of fact
to make a decision that you think should have been made differently
133
What might be considered an error of law in order to appeal to Employment Tribunal
a applied the wrong legal test (you would need to state what you say was the correct legal test and identify the incorrect legal test that you say the Employment Tribunal applied)
incorrectly applied the correct legal test (you would need to state what you say was the correct legal test and say how the Employment Tribunal applied it incorrectly)
reached a decision of fact for which there was no evidence (it is not sufficient to argue that there was more evidence for an alternative factual conclusion)
reached a decision which no reasonable Employment Tribunal, directing itself properly on the law, could have reached (it is not sufficient to argue that a different Employment Tribunal may have made a different decision)
failed to take into account a relevant matter or took into account an irrelevant matter (you would need to state what the relevant matter was and how the Employment Tribunal knew you relied on it and/or state what irrelevant matter was taken into account)
decided a point that was not argued (you would need to clearly state the point that you contend was not argued) gave reasons that do not, in broad terms, enable you to understand why you lost
did not follow the correct procedure in a way that affected the outcome (you would have to give full details of the procedure that was not followed and how it affected the outcome) conducted the hearing in an unfair way (you would have to give full details of what was done that was unfair and say whether and, if so, how it affected the outcome)
134
What points should ET1 form include?
All information available in the Case Study.
• The name, age and address of claimant
• The name and address of respondent • The name and address of the claimants representative
• The dates of employment, salary and the role
