Tribunals

Question 1

advantage: speed

Answer 1

cases are fast to reach a tribunal and often dealt with in a day

Question 2

advantage: cost

Answer 2

many tribunals do not charge fees and each party pays their own costs, legal representation often not needed so that lowers costs again

Question 3

advantage: informality

Answer 3

tends to be less formal , wigs not worn, procedure is easier to follow and is less intimidating than court, less scary for people to go through

Question 4

advantage : case load

Answer 4

tribunals deal with 6 times for cases than civil courts- without them courts would grind to a halt

Question 5

disadvantage: too complex

Answer 5

process is so individuals can represent themselves, but many find this too complicated, or overwhelming so may be at a disadvantage

Question 6

disadvantage: lack of reasons

Answer 6

reasons for decisions are not always given but it is a requirement under Human Rights Act 1998

Question 7

disadvantage: lack of openness

Answer 7

can have public watch most cases however not all publicised to can create suspicion

Question 8

disadvantage: lack of public funding

Answer 8

legal aid generally not available , discourages people from going, representing themselves and not understanding

Question 9

what is the Tribunals, courts and enforcement act 2007

Answer 9

restructured tribunals from over 70 different procedures to the ‘first tier’ with 6 chambers eg immigration and asylum chamber
‘upper tier’ - 4 chambers to hear appeals from first tier eg administrative appeals chamber

Question 10

key info about tribunals

Answer 10

deals wiht 6 times as many cases
have their own jurisdiction
held in private
no legal aid
lawyers not essential

Question 11

how many people in a tribunal

Answer 11

2 lay people and a judge = all neutral - if for employment one will be from employers organisation and one for employee

Question 12

are they legally binding

Answer 12

yes decisions must be followed, don’t have a choice if it falls under jurisdiction

Question 13

what are employment tribunals

Answer 13

soley deal with employment issues eg claims on unfair dismissal
less formal-no wigs or gowns

Question 14

who is in an employment tribunal

Answer 14

judge, representative from employers organisation and someone from employees side eg trade union

Question 15

key info

Answer 15

claim has to be brought within three months less one day of issue
ACAS then contacted
detailed reasons set out then past to employer
short hearing-can be public

Question 16

what happens if tribunal is lost

Answer 16

employee does not pay employer fees, only their own
if won= employer pays