1A.1.2 Tribunals Flashcards
What is a tribunal?
Less formal courts used to resolve disputes. These are primarily between citizen and citizen (civil).
What is an employment tribunal?
Employment tribunals are specialist tribunals which deal solely with employment issues.
Employment tribunals deal with issues such as a claim or unfair dismissal, discrimination in the workplace or redundancy.
When were tribunals set up?
At the same time as the Welfare State.
Organisation of tribunals
As the welfare state developed, over 70 different types of Tribunals, each with their own separate procedures were set up, creating a very confusing and complicated system.
In 2007, the whole tribunals system was reformed by the Tribunals, Courts and Enforcement Act 2007. This created a unified structure for tribunals.
How have tribunal fees changes since 2010?
Why was LASPO 2012 so controversial?
It because it caused a 79% reduction in employment claims.
R (Unison) v Lord Chancellor
Unison wanted all fees from tribunals to be paid back.
Held: All fees must be paid back.
When is legal aid available in tribunals?
Legal aid is only available for cases where fundamental human rights are involved (exceptional circumstances).
In which act were employment tribunals originally created and what did it provide?
Industrial Training Act 1964
It provided an informal route to resolve disputes quickly and cheaply.
Who represents the parties in an employment tribunal?
They usually represent themselves.
If they chose to hire lawyers, they will have to pay for legal costs. Employees can have a lawyer from their union.
Advantages of employment tribunals
- Informal
- Less adversarial
- Cheaper
- Use of experts
- Quicker
Disadvantages of employment tribunals
- Delays
- More formal than ADR
- No scrutiny
- Lack of funding
Preliminary matters in employment tribunals
A claim on an employment issue has to be brought within 3 months from the event.
In most cases, ACAS (the Advisory, Conciliation and Arbitration Service) must be contacted within this time for early conciliation to see if there can be a resolution. A claim will be issued if the matter cannot be resolved.
The claim must set out detailed reasons for the action and must be filed with the tribunal within the time limit. Unlike a court claim, there is no fee involved.
[Employment tribunals - the hearing]
Who makes up the panel of an employment tribunal?
- A judge specialising in employment law who will run the proceedings
- One person representing the employer’s organisation
- One person representing the employee’s organisation
[Employment tribunals - the hearing]
What are the rules on evidence in employment tribunals?
Eevidence is taken on oath and there are rules about the procedure and the evidence that can be accepted.
The decision of an employment tribunal
If the tribunal finds in favour of the employee, they may encourage a settlement which could involve **writing a favourable reference **or compensation
If a settlement cannot be reached, the tribunal can award compensation.
If the claim is lost, the employee will not have to pay the employer’s costs, though they will be** responsible for the costs of any lawyer they use**.
Appeals of employment tribunals
Either side may then appeal within 42 days of the tribunal decision to an Employment Appeal Tribunal (EAT), but only on a point of law.
Further appeals can be made to the Court of Appeal and the Supreme Court, but only with permission from the EAT.
