Civil courts and other forms of dispute resolution - Employment tribunals and evaluation Flashcards
Explain how Employment Tribunals work
(8 marks)
Tribunalsare more so specialised as each sort of tribunal hears only one type of case - under the employment tribunals act 1996 deals with a range of disputes between employers and employees. They are responsible for hearing claims from citizens who think someone for example an employer has treated them unfairly.
Firstly, you most get an employment tribuanl against the employer. when a claim arises and cannot be settled between the indvidiaul and their employer through imformal discussions, then claimants generally use an ET1 form to make a claim via the gov.uk website to the tribunal office, if they feel they have been treated unlawfully, A respondant has 28 days after recieving the ET1 form to complete a response known as ET3. If the claim is accepted by the tribunal office, then the employer is contacted. if the employer does not respond, then judgement is made in favour of the claimant. If the employer disputes the claim, then the case will go to ‘‘case management’’
Then, a hearing is held to resolve the dispute. contrary to most tribunal hearings, employment tribunal hearings are heard or held in public. the panel who decide in the tribunal has three members, chair who leads consideration of the case, who is legally qualified and two other members who are lay people. The other panel from the trade union representativies. normal court procedures do not apply.parties are able to represent themselves but often have solicitors. following a hearing, a judgemetn is issued. appeals on decisions of an employment tribunal are allowed on a point of law only. a high court judge presides over appeals in the employment appeal tribunal. Since 2013, fees are charged for both employment tribunals and the employment appeal tribunal.
What are tribunals
- Tribunals perform a function similar to that of a court of law but is NOT a court of law.
- In the County Court and High Court, a wide range of cases are dealt with, (contract, divorce, disputed wills, negligence claims, land and property) Tribunals, on the other hand, are more specialised. Each sort of tribunal hears only one type of case.
- They can therefore be seen as specialist courts that operate alongside the court system - they handle over 1 million cases per year.
- Tribunals are used instead of going to court, litigants cannot go to court as well unless they have exhausted the tribunal procedure.
How are tribunals less formal
Tribunals are designed to be less formal than court so a person without a legal background should not be intimidated and not feel unable to speak for themselves.
Tribunals are less formal than courts. Employment tribunals are one of the most formal examples of tribunals- others are much less strict.
-Wigs and gowns are not worn
- Costs are not usually awarded to the parties in a tribunal hearing
Examples of cases that tribunals hear
- Employment claims
- Social security benefits
- Mental health
- immigration
Social security tribunals, therefore, are only involved in benefit cases
Name the 3 main types of tribunals
- Administrative Tribunals
- Domestic Tribunals
- Employment Tribunals
Who created the administrative tribunal and why
Created by an Act of Parliament to review the decisions of government
What is the Welfare State
Many were originally created in the 1940s and 50s when the welfare state was set up, which is the term used to describe the state provision of health care, education, state pensions and various kinds of social security and employment entitlements
What were tribunals set up to deal with
Disputes about entitlement
What are some examples of administrative tribunals
Social Security Tribunals:
- Which deal with appeals against a decision to refuse payments in relation to various benefits
Rent Tribunals:
- Which are involved in fixing fair rents under the Rents Act
Immigration Appeal Tribunals:
- Which hear appeals from decisions of the Home Office to refuse entry into the United Kingdom
What do domestic tribunals deal with
Domestic Tribunals deal with matters relating to the internal workings of particular organisations, other than those that are part of the state
An example of domestic tribunal
Disciplinary committees of the British Medical Association (BMA, the professional body for doctors), the Law Society (the professional body for solicitors) and trade unions.
Although such bodies are not usually created by statute but by agreement between members of the profession or union, they often have considerable power. For example, the disciplinary committees of the BMA and the Law Society have the power to prevent a person from continuing to work within their profession
Employment Tribunal:
What do they deal with and under what act
Under the Employment Tribunals Act 1996 employment Tribunals deal with a range of disputes between employers and employees (top band if including act)
What is their role
They are responsible for hearing claims from citizens who think someone (trade union, employer) has treated them unlawfully. They were established to deal with specific area of employment rights as part of a historic overhaul of social and welfare legislation.
Name 3 types of cases that Employment Tribunals hear (or in other words what is their jurisdiction)
- Unfair dismissal
- Discrimination
- Unfair deductions from pay (redundancy or maternity pay)
What is the procedure of bringing a tribunal case
- When a claim arises and cannot be sorted between the individual and their employer through informal discussions, then Claimants generally use an ET1 form to make a claim via the gov.uk website to the Tribunal Office, if they feel they have been treated unfairly
- A respondent has 28 days after receiving the ET1 to complete a response known as ET3. (if the claim is accepted by the Tribunal Office, then the employer is contacted). If the employer does not respond, then judgement is made in favour of the claimant. If the employer disputes the claim, then the case will go to ‘‘case management’’ and a hearing is
What is the composition of the Employment Tribunal
-Normally the panel who decide in the tribunal has three members
- The Chair who leads consideration of the case, is legally qualified (an employment judge).
- The other two members are lay people. Generally one is drawn from a panel representing employers. The other from a panel drawn up from the trade representatives.
Normal court procedure rules do not apply; what does this mean
- Parties can represent themselves, though they may, and often do, have solicitors, barristers or other people representing them
Are appeals on decisions of an employment tribunal allowed
Appeals on decisions of an employment tribunal are allowed on a point of law only.
What type of judge presides over appeals in the employment appeal tribunal
A High Court judge
Are fees charged for employment tribunals and employment appeal tribunals
Yes, since 2013
Organisation of Tribunals:
What Act created a unified structure for tribunals
The Tribunals, Courts and Enforcement Act 2007
What does the First Tier Tribunal hear
Hears cases at first instance (first hearing of a claim)
What does the Upper Tier hear
Appeals- they have the power to conduct a judicial review of a case which has been heard in the First Tier Tribunal, in some complex cases it will act within a first instance jurisdiction.
Further appeal from the upper tribunal is available to the court of appeal, but this is rare because of the well structured system
What is the first tier split into
Seven chambers or specialist areas
