Civil Courts & ADR: Employment Tribunals

Question 1

Intro - What is a tribunal?

Answer 1

A forum used instead of a court for deciding certain types of disputes

Question 2

Intro - What do tribunals help with?

Answer 2

Helps people enforce their entitlement to certain social rights which have been granted through social and welfare legislation

Question 3

Procedure - How is it formal?

Answer 3

Witnesses give evidence under oath

Question 4

Procedure - How is it not formal?

Answer 4

No wigs or gowns

Question 5

Procedure - Funding?

Answer 5

Only available for a few tribunals so most will represent themselves
Can gain advice on strength of their case

Question 6

Procedure - in employment tribunals, where will there often be representation from?

Answer 6

A trader union

Question 7

Procedure - Is the decision binding?

Answer 7

Yus

Question 8

Procedure - what is there none of unlike in court?

Answer 8

No fee

Question 9

Procedure - On what grounds can a person claim?

Answer 9

Unfair dismissal
Redundancy
Discrimination

Question 10

Pre-liminary matter - who is usually contact first?

Answer 10

ACAS

Question 11

Pre-liminary matters - What will happen if ACAS cannot resolve the issue?

Answer 11

Claim can be issued

Question 12

Pre-liminary matters - What must the claim include?

Answer 12

Detailed reasons for actions
Must be filed with tribunal within time limit

Question 13

Pre-liminary matters - who is invited to comment?

Answer 13

Employer

Question 14

Panel Hearing - Who will the hearing take place infront of?

Answer 14

Judge
Employer
Employee

Question 15

Panel hearing - What will the trial usually be?

Answer 15

Short
Open to the public

Question 16

Outcome - favour of the employee?

Answer 16

Favourable reference
Compensation

Question 17

Outcome - What happens if a settlement can’t be reached?

Answer 17

Tribunal can award compensation

Question 18

Outcome - what happens if claim is lost?

Answer 18

Employee won’t have to pay employer’s costs
Responsible for any lawyer they used

Question 19

Outcome - what happens if disatisfied?

Answer 19

Either party can ask the tribunal within 14 ays to review its decision

Question 20

Appeals - When can parties appeal?

Answer 20

Within 42 days of tribunal

Question 21

Appeal - Where do they appeal to?

Answer 21

Employment Appeal Tribunal

Question 22

Appeal - Where are further appeals made to?

Answer 22

Coa
SC
Only on a POL with LTA from the EAT