Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

OCR As Law > ADR and employment tribunals > Flashcards

ADR and employment tribunals Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Employment tribunals typically deal with issues like…

A
  • unfair dismissal
  • discrimination in the workplace
  • redundancy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

A claim on an employment issue has to be brought within…

A

3 months from the event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

in most cases, within those 3 months, who must be contacted?

A

In most cases ACAS must be contacted within this time for early conciliation to see if there can be a resolution.
- Only if the matter cannot be resolved can a claim be issued.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Most claimants obtain advice on…

A

the strength of the case before issuing a claim, though it is possible for a claimant to take their own case.
- Advise can be obtained from a specialist lawyer or from trade unions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The claim must set out in detail…

A

the reasons for the action & must be filed with the tribunal within the time limit.
- Unlike a court claim, there is no fee involved.
- The claim is then passed to the employer who will have the opportunity to make comment on it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

employment tribunal hearings are held in…

A

individual tribunal rooms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

There will be a tribunal panel made up of:

A

• A judge who specializes in employment law & who will run proceedings
• One person representing the employer’s organization
• One person representing the employee’s organization.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If a preliminary hearing is needed, it takes place before a…

A

judge sitting without panel members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In the full hearing, what happens?

A
  • evidence is taken on oath & there are rules about procedure & the evidence that can be accepted.
  • Either side can represent themselves or be represented by a lawyer or, for example, a union representative.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Hearings tend to be quite short as…

A

most of the issues will have been identified before hand and the panel will have read the papers.
- At the end of the hearing, the panel might decide on the day or give their decision later in writing.
- Witnesses can be called & cross examined.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

If a tribunal finds in favor of the employee…

A

they may encourage a settlement which could include:
- giving a good future reference
- awarding some compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If the claim is lost the employee will…

A

not have to pay the employers costs though they will need to pay their own lawyer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If either side is dissatisfied with the panel’s decision, they can…

A

ask within 14 days, for the tribunal to review its decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Either side may appeal within 42 days to an Employment Appeal Tribunal but only on a…

A

point of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Further appeals can be made to the…

A

Court of Appeal & Supreme Court but only on points of law and with permission from the Employment Appeal Tribunal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Types of ADR (3)

A
  • negotiation
  • mediation
  • conciliation
  • arbitration
17
Q

Negotiation…

A
  • This is where the parties themselves try to resolve their issues.

If for example, you had faulty workmanship on your roof, you would contact the company & make a complaint. If that failed you could write to someone higher up in the company or the Head Office. If that failed you’d seek legal advice.

  • Usually a solicitor’s letter helps to resolve the dispute.
  • lawyers will try to negotiate on behalf of the clients.
  • Many cases are settled. Others can drag on for a long time.
18
Q

Mediation…

A
  • This is where a neutral mediator helps the parties to reach a compromise solution by looking to see how much common ground there is.
  • He does not get involved in the actual decision or share his opinion on the matter but at times he CAN be asked for this & then it becomes more of an evaluation exercise.
  • Parties are very much in control.
  • A mini trial is possible.
19
Q

An advantage of mediation & such mini trials is that…

A

the decision need not be a strictly legal one sticking to the letter of the law. It can be based more on common sense.

20
Q

In a mini trial…

A

each side presents their case to a panel composed of a neutral party and a decision making executive and they then make a decision. If the executives cannot agree, the neutral adviser acts as a mediator between them.

21
Q

RELATE is…

A

a mediation service used for divorcing couples where children or financial issues are involved11

22
Q

Conciliation…

A
  • a third party helps to resolve the dispute but the conciliator will usually play a more active role.
  • He will look for grounds for compromise.
  • Resolution cannot be imposed as both parties need to agree.
23
Q

Arbitration…

A
  • the voluntary submission by the parties of their dispute, to the judgement of some person other than a judge.
  • The precise way in which the arbitration is carried out is left almost entirely to the parties agreement.
  • Parties are free to use a no of arbitrators or they might just have one.
  • The Institute of Arbitrators provides trained arbitrators for major disputes. In many cases it’ll be someone with relevant experience.
24
Q

ADVANTAGES OF ADR OVER USING CIVIL COURTS…

A
  • without ADR, court system would collapse as they wouldn’t cope with all of the disputes
  • quicker and easier
  • decision made doesn’t have to be strictly legal (decisions can be made on compromise)
  • you cannot be forced to engage (you call pull out)
25
Q

DISADVANTAGES OF ADR OVER USING CIVIL COURTS…

A
  • lower rates of compensation compared to courts
  • lack of legal funding
  • unexpected legal rights can arise
  • limited appeal rights
26
Q

ADVANTAGES OF NEGOTIATION

A
  • easy and straightforward
  • it costs nothing
  • parties are in control
  • no winners/ losers so relationships can be maintained
27
Q

DISADVANTAGES OF NEGOTIATION

A
  • one party may not be willing to negotiate
  • one party may be hostile, so it wont work
  • time may be wasted negotiating if court is the only way to settle the issue
28
Q

ADVANTAGES OF CONCILIATION

A
  • cheaper
  • business relationships can be preserved
29
Q

DISADVANTAGES OF CONCILIATION

A
  • The conciliator may try to force a resolution on one or both parties
  • The process may simply not work so you end up going to court & time has been lost/wasted
  • The result may not be binding so it doesn’t need to be followed. (may have to go court anyways)
30
Q

Advantages of arbitration

A
  • Parties can choose their own arbitrator so they might decide on an expert.
  • Hearing time & place can be arranged to suit the parties.
  • Actual procedure is flexible & is more informal than court..
  • The matter is dealt with in private & there will be no publicity.
  • It is often quicker than going to court
  • The award is final & can be enforced through the courts.
31
Q

Disadvantages of arbitration…

A
  • It can be quite expensive if the parties opt for a formal hearing
  • Arbitration can be slow & to some extent has lost its popularity.
  • appeal rights are limited and you wont get legal aid
  • a professional arbitrator may charge a large fee
  • an unexpected legal point can arise, which isn’t suitable for a non lawyer

OCR As Law (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions