Employment Tribunals Flashcards
(6 cards)
Tribunals
Tribunals exist alongside the court system.
Some matters have to be heard by a tribunal and can’t be dealt with in court.
Besides employment tribunals there are other tribunals to deal with ither issues such as landlord and tenant claims.
Also there are forms of Alternative Dispute Resolution (ADR) which exist to resolve disputes without having to go through the courts or tribunal process.
Employment Tribunals
Deal with issues such as a claim of unfair dismissal, discrimination in the workplace or redundancy.
Sits in a separate building and has its own set process but less formal than a court – no wigs or gowns.
process of employment tribunals
A claim on an employment issue has to be brought within three months less one day from the event – for example, a dismissal.
In most cases, ACAS (the Advisory, Conciliation and Arbitration Service) must be contacted within this time for early conciliation to see if there can be a resolution.
Only if the matter cannot be resolved can a claim be issued.
Most claimants obtain advice (from a specialist lawyer or a trade union) on the case before issuing a claim, although it is possible for a claimant to take their own case.
The claim must set out detailed reasons for the action and must be filed with the tribunal within the time limit.
Unlike a court claim there is no fee.
The claim will be passed to the employer who will have the opportunity to make comment on it.
The Hearing
Held in individual tribunal rooms
Tribunal panel made up of
Judge specialising in employment law who will run the proceedings
One person representing employer’s organisation
One person representing employee’s organisation
If preliminary hearing is needed it takes place before a judge sitting without panel members.
In the full hearing evidence taken on oath and there are rules about the procedure and the evidence that can be accepted.
Each side can represent themselves or be represented by a lawyer or e.g a union official.
Most hearings open to the public, though rarely publicised.
Hearings usually quite short as most of the issues will have been identified beforehand and the panel will have read the papers.
At the end of the hearing, the panel might decide on the day or give it later in writing.
The Decision
Collective decision of the panel will be issued in writing after the hearing.
If they find in favour of the employee they may encourage a settlement which could include, for example, writing a favourable reference and some compensation.
If settlement can’t be reached, tribunal can award compensation.
If claim is lost, the employee will not have to pay employer’s costs, though they will be responsible for costs of their own lawyer (if used).
If either side is dissatisfied with the decision they can aske, within 14 days, for the tribunal to review its decision.
Appeals in employment tribunals
Either side may then appeal within 42 days of the tribunal to an Employment Appeal Tribunal, but only on a point of law.
Further appeals can be made to the Court of Appeal (Civil Division) and the Supreme Court, but, again, only on a point of law and with permission from the Employment Appeal Tribunal.
