Employment Tribunals

Question 1

Tribunal Acts - first introduced, governs rules, changed system

Answer 1

Industrial Training Act 1964 - first introduced employment tribunals

Employment Tribunals Act - governs rules

Tribunals, Court and Enforcement Act - changed system of all tribunals to First Tier and Upper Tier.

Question 2

Examples of employment tribunals

Answer 2

Unfair dismissal
Unfair deductions from pay
Discrimination

Question 3

The tribunal decisions are made by a panel - what are the three members that sit on it?

Answer 3

A tribunal judge
A representative of the employer and another for the employee

Question 4

What is the ACAS?

Answer 4

Advisory Conciliation and Arbitration Service

Question 5

ACAS Early Conciliation - the process

Answer 5

After the claimant has told ACAS they wish to make a claim, ACAS will automatically offer a free conciliation service to try and resolve the issue without having to go to a Tribunal.

This is an ongoing process for up to 6 weeks
It is free, confidential, and allows outcomes which are not available at a Tribunal (such as ensuring a good job reference)

If an agreement is signed, the claimant can no longer go to an employment tribunal

Parties are free to opt out of this and proceed straight to tribunal (but this may affect their compensation amount)

Question 6

Bringing a claim in an employment tribunal

Answer 6

Claimant must submit relevant claim form – respondent must send the form back within 28 days

Time limits apply – usually 3 months less 1 day from the incident, or 6 months for redundancy or equal pay claims

ACAS will ask the claimant to discuss the possibility of success with their representative (e.g. union)

Employment Tribunals are free, but parties may pay for representation (unless it is from a union)

Question 7

How do the hearings represent a court room despite being in office buildings?

Answer 7

Panel sits on raised platform

Witnesses give evidence under oath

There are rules on who can speak and when

Most have a public gallery (unless very personal nature of claim)

However there are no wigs and gowns and it is slightly less formal than court

Parties can also submit their arguments in writing, or electronically (e.g. telephone/Zoom)

Question 8

Role of the Tribunal Judge

Answer 8

• Managing the case – deciding which documents, evidence and witnesses are needed by each party before the Tribunal happens
  • Encouraging co-operation of the parties
  • Helping settlements
  • Managing progress of the case
  • Ensuring a fair hearing
  • Providing a written judgement for the decision of the case
  • The panel has the power to impose:
    • Fines
    • Penalties
    • Compensation
    • An order for the losing side to pay legal fees of the winning side (although this is uncommon – only happening in around 1% of cases)

Question 9

Employment Appeal Tribunal

Answer 9

The parties can request the reasons for the original decision but this must be in writing within 14 days of the original decision

Parties then have 42 days to lodge their appeal

The appeal may also be requested by the Employment Appeal Tribunal themselves
An appeal is allowed if it is “in the interests of justice” to do so

Will not be heard if nothing substantial has changed in the claim

Employment Appeal Tribunal will hear appeals where an Employment Tribunal has:
- Got the law wrong
- Not followed the correct procedures
- Has no evidence to support their decision
- Was unfairly biased

The Employment Appeal Tribunal can confirm, revoke or vary the original decision