1A - Employment Tribunals Flashcards
How do employment tribunals operate?
alongside the court system and they deal with areas of dispute outside civil courts jurisdiction - ie. parties cannot take it to court
In which act were employment tribunals originally created and what did it provide?
Industrial Training Act 1964 and it provides an informal route to resolve disputes quickly and cheaply
What do employment tribunals do?
- 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
What will an employment tribunal do in relation to the hearing?
They will set a date and time
Who are the members of the tribunal panel?
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
Which rules of evidence must be followed?
- 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
Who represents the parties?
They represent themselves but if they chose to have legal costs, they will pay this themselves
What will happen to appeals?
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
What are the advantages of employment tribunals?
- low cost
- speed
- informal
- expertise
What are the disadvantages of employment tribunals?
- lack of public funding
- formality and delay (in regards to other tribunals)
List and explain at least three types of claims that can be brought before an employment tribunal.
- Unfair Dismissal: Claims related to an employee being dismissed without a fair reason.
- Discrimination: Claims based on unfair treatment due to characteristics like age, gender, or race.
- Redundancy: Claims concerning the process and fairness of job terminations due to business needs.
What are the key factors that determine whether an employment tribunal has jurisdiction over a case?
- Type of Claim: The claim must fall within the types of disputes that employment tribunals can hear (e.g., unfair dismissal, discrimination).
- Employment Status: The claimant must be an employee or worker as defined by employment law.
- Time Limits: The claim must be brought within the statutory time limits.
- Geographical Jurisdiction: The tribunal must have jurisdiction over the location where the employment took place.
Describe the general procedure for bringing a claim to an employment tribunal, including any necessary pre-claim steps.
- ACAS Involvement: The claimant must contact ACAS to initiate the early conciliation process.
- Time Frame: The early conciliation period lasts for up to 6 weeks, during which both parties can attempt to resolve the dispute without going to tribunal.
- Outcome: If conciliation is unsuccessful, the claimant can then proceed to file a claim with the tribunal.
What are the time limits for bringing different types of claims to an employment tribunal?
The 42-day time limit starts from the date the tribunal decision is sent to the parties involved.
Different types of claims may have different time limits for bringing them to the tribunal, but the appeal specifically has this 42-day limit.
Who can represent a claimant in an employment tribunal, and what are the implications of legal representation?
- Types of Representatives: Claimants can be represented by solicitors, barristers, or even non-lawyers, such as trade union representatives.
- Self-Representation: Parties also have the option to represent themselves if they choose not to have legal representation.
- Implications: The implications of having legal representation, such as the potential for a more effective presentation of the case.
What types of remedies can an employment tribunal award to a successful claimant?
- Damages: Financial compensation aimed at restoring the claimant’s position, including lost wages and benefits.
- Reinstatement: Returning the employee to their original position within the employer’s service, subject to the tribunal’s discretion.
- Injunction: A court order preventing the employer from continuing unlawful practices related to the claimant’s case
Outline the process for appealing a decision made by an employment tribunal.
“Claimants can submit an appeal to the Employment Appeal Tribunal (EAT) within 42 days of the tribunal’s decision.
The appeal must be based on legal issues, not factual matters.
The appeal should be submitted in writing, outlining the grounds for the appeal.
The EAT can uphold, overturn, or remit the case back to the original tribunal for reconsideration.”
Discuss a significant case related to employment tribunals and its impact on employment law.
British Home Stores Ltd v Burchell (1980), which established important principles regarding unfair dismissal.
Explain the process and considerations involved in bringing a discrimination claim to an employment tribunal.
- Definition of Discrimination: Discrimination claims can arise from unfair treatment based on protected characteristics, such as age, gender, race, disability, or sexual orientation.
- Initial Steps:
1. Early Conciliation: Before filing a claim, the claimant must attempt early conciliation through ACAS.
- Gather Evidence: Collect evidence to support the claim, such as emails, witness statements, or any relevant documentation.
- Filing the Claim:
1. The claimant must submit a claim form (ET1) to the employment tribunal, detailing the nature of the discrimination and the circumstances surrounding it. - Time Limits:
1. Claims must typically be filed within three months of the discriminatory act. - Hearing Process:
1. The tribunal will hear evidence from both parties, and the claimant must demonstrate that discrimination occurred. - Possible Outcomes:
1. If successful, the tribunal may award remedies such as compensation or an injunction to prevent further discrimination.
What role does the Advisory, Conciliation and Arbitration Service (ACAS) play in the employment tribunal process?
“ACAS facilitates early conciliation, allowing both parties to negotiate an agreement and alleviating the burden on the tribunal system.
The process encourages face-to-face meetings in an informal environment where legal representation is discouraged.
Making it easier to achieve a settlement and avoid the need for a tribunal hearing.”
Discuss the costs associated with bringing a claim to an employment tribunal and any potential financial implications for claimants.
“Employment tribunals can be expensive for claimants, as there is no public funding available for legal representation.
Claimants must cover their own legal costs, which can include fees for solicitors and barristers.
Additionally, if the claimant is not awarded damages, they may also be responsible for covering the legal costs of the employer, adding to the financial risk of pursuing a claim.”
