Employment Tribunals Flashcards
What are employment Tribunals?
They hear claims from employees who believe they have been treated unlawfully
What legislation governs employment Tribunals
Employment tribunals regulations 2013
What does an employment tribunal consist of?
A chairman (a lawyer 7+yrs)
An individual nominated by the employer association
A trade union representative
Are they independent and legally binding?
They make independent decisions with their own legislation and their decisions are legally binding
Should an employment tribunal be the first resort?
No, they are encouraged to go through mediation like ACAS first
Examples of claims heard by the employment Tribunals
Unfair dismissal
Discrimination
What is ACAS
The advisory conciliation and arbitration service
What is early conciliation?
Talks to try and make a legal agreement without a tribunal
What is mediation support (ACAS)
They advise employers on setting up mediation, provide staff in mediation
What is collective conciliation (ACAS)
Talks to help a group of employees and their employer reach an agreement
Arbitration (ACAS)
A 3rd party makes a decision on a dispute to help both sides agree
Who must you go to to set up an employment tribunal
ACAS you must tell them before you do it
How to start an employment tribunal claim
Employee fills out ET 1 form
Employer fills our ET 3 form
Outlining both sides arguments.
A date will then be set
What happens at an employment tribunal hearing? (6)
- Judge welcomes everyone
- If someone has no legal representation it is explained
- Witnesses sworn in
- Evidence and cross examination by either side and Judge
- Closing statement from both sides
- Court adjourns for decision
How long do they have to appeal an employment tribunal decision
14 days
