Law Paper 1 - Section A - Employment Tribunals Flashcards
(27 cards)
What is a tribunal composed of?
A tribunal is composed of three people: one legally qualified and two experienced in the relevant area.
What did the Franks Report recommend?
The Franks Report made recommendations relating to the openness, fairness, and impartiality of tribunals.
What significant change occurred in 2006 regarding tribunals?
The Tribunals Service was set up by the Lord Chancellor in 2006 following Sir Andrew Leggatt’s review.
What did the Tribunals, Courts & Enforcement Act 2007 achieve?
It created a framework making tribunals more organised and simplified.
What are administrative tribunals?
Administrative tribunals are set up by the Government to allow citizens to challenge decisions of powerful organisations.
What is a key advantage of tribunal hearings?
Tribunal hearings provide a cheap and quick way to decide a dispute.
Can you name examples of tribunals?
Examples include Rent Tribunals, Social Security and Child Support Appeal Tribunals, Immigration Appeals Tribunals, Mental Health Tribunals, and Employment Tribunals.
What is the first step in the employment claim process?
A dispute arises.
What should an employee do after a dispute arises?
Try to sort it out informally/directly with the employer.
What is the role of ACAS in the employment claim process?
The employee must contact ACAS to try to resolve the dispute through early conciliation.
What happens if a claim is not accepted by the tribunal?
The claim is returned within 5 days.
What occurs after a claim is accepted by the tribunal?
The claim is sent to the respondent, and post-claim conciliation starts.
What happens if no response is received to a claim?
If no response is received or the response is not accepted, a judgement is issued.
What is case management in the context of employment tribunals?
It is the process of managing the case after the claim is accepted.
What is an advantage of employment tribunals?
Claims will be heard by a specialist panel.
What is a disadvantage of employment tribunals?
A claim has to be issued quickly after the issue arises.
How does ACAS contribute to employment tribunal claims?
ACAS encourages the parties to settle the claim before a hearing.
What is a disadvantage regarding funding in employment tribunals?
Funding is not available, which may disadvantage employees against employers who can pay for legal representation.
What is the nature of the hearings in employment tribunals?
The hearings will often be heard without public or press present, ensuring confidentiality.
How formal are employment tribunal hearings compared to other forms of ADR?
It is a more formal process than other forms of ADR if settlement is not possible.
What is the typical duration of employment tribunal hearings?
The hearings will generally be informal and short, often less than a day in length.
What are the limitations on appeals in employment tribunals?
Appeals are limited to issues of law.
Who can represent an employee in an employment tribunal?
The employee can be represented by a non-lawyer, including a trade union representative, making it cheaper.
What is a potential issue regarding hearing dates in employment tribunals?
There may be delays in setting hearing dates.
