1A - Employment Tribunals

Question 1

How do employment tribunals operate?

Answer 1

alongside the court system and they deal with areas of dispute outside civil courts jurisdiction - ie. parties cannot take it to court

Question 2

In which act were employment tribunals originally created and what did it provide?

Answer 2

Industrial Training Act 1964 and it provides an informal route to resolve disputes quickly and cheaply

Question 3

What do employment tribunals do?

Answer 3

• hear disputes such as unfair dismissal, redundancy, and discrimination
• usually, a claimant must attempt Eart Conciliation before they can make a claim
• no longer need to pay a fee to make an employment tribunal claim

Question 4

What will an employment tribunal do in relation to the hearing?

Answer 4

They will set a date and time

Question 5

Who are the members of the tribunal panel?

Answer 5

3 members

• The Chair - employment judge whos a lawyer with <7 years standing
• 2 laypeople - an individual nominated by employer association plus another by a union

Question 6

Which rules of evidence must be followed?

Answer 6

• parties and witnesses give evidence under oath
• witness gives evidence
• witness will be cross-examined by the opposing side
• judge will ask questions
• witness may be cross-examined

Question 7

Who represents the parties?

Answer 7

They represent themselves but if they chose to have legal costs, they will pay this themselves

Question 8

What will happen to appeals?

Answer 8

They will go to the Employment Appeals Tribunal and they must appeal within 42 days. They can only appeal on legal argument and not on factual issues

Question 9

What are the advantages of employment tribunals?

Answer 9

• low cost
• speed
• informal
• expertise

Question 10

What are the disadvantages of employment tribunals?

Answer 10

• lack of public funding
• formality and delay (in regards to other tribunals)