Employment Tribunals Flashcards
(12 cards)
What is a tribunal ?
A less formal trial which operates alongside the court structure, and they were created to help people enforce their social
rights.
Who can an individual make a claim against in an employment tribunal ?
An employer, a potential employer, or a trade union.
For which reasons may an individual make a claim to an employment tribunal ?
-Unfair dismissal
-Discrimination
-Unfair deductions from your pay
When does a claim to an employment tribunal have to be ?
This must be done within 3 months of the employment ending or the problem happening.
Initially, how does an employment tribunal work ?
The tribunal is independent and will listen to both sides before making a decision. Before making a claim the citizen must tell the “Advisory, Conciliation and Arbitration Service” (ACAS), that they intend to make a claim to the tribunal and they will be offered the chance to try and settle the dispute without going to court by using ACAS’s free ‘Early Conciliation’ service.
What happens if the “Early Conciliation” is ineffective ?
ACAS will send the citizen an early conciliation certificate and once this is received the citizen will have at least one month left to make their claim.
Where can an employment tribunal hearing take place ?
Cases are normally held at the employment tribunal office closest to where the citizen
worked, however, the hearing may also take place by phone or by video.
What is the claimant required to bring to the hearing ?
The citizen must take all the documents they are relying on to support your case. If the hearing is in person or remote, citizens can take a person to support them , such as a friend, family or colleague.
Who presents the case in an employment tribunal ?
The citizen will present their case to the tribunal (or a lawyer, friend or family member may do it for them) and the respondent will present their case too.
Who provides evidence to the employment tribunal ?
The citizen will normally give evidence first as they are the claimant unless the case is about unfair dismissal. Also, witnesses can be called in to give evidence.
In an employment tribunal, who asks the citizen questions ?
-The judge
-The respondent
-Two other tribunal members (in certain cases)
When is the verdict given following an employment tribunal ?
The citizen will usually be sent the decision in the post a few days or weeks after the
hearing, and the decision will be published on GOV.UK. However, In certain cases, they may be given the decision at the hearing itself.
