employment tribunals Flashcards
where do employment tribunals work?
alongside the court system
why is employment tribunals not an alternative form of dispute resolution?
parties in an employment tribunal can NOT go to court
what must parties use in an employment tribunal?
employment tribunal system
what have the employment tribunals been created by and whats their role?
a statute (Industrial Tribunal Act 1964) and role is to make decisions on individuals rights
ROLE:
what is an employment tribunal?
an independent tribunal which makes decision in legal disputes around employment law
what do they make decisions of?
evidence provided
who do employment tribunals resolve disputes between?
employment law between employers and employees
what claims do they deal with?
employees who think their employers have treated them unlawfully
what are some examples of unlawful treatment claims?
unfair dismissal, discrimination , unfair deductions from pay
what will a finding of an unlawful treatment result in?
-if employee wins compensation may be awarded
-employer ordered to give employee their job back
-re-instatement of the employe in a different role
DECISION & COMPOSITION:
who will a legally qualified tribunal judge be with?
two non-lawyers who are specialist in the area being heard
is the final decision legally binding?
yes
what can the employment tribunal decide to do?
-award compensation
- grant re-instatement
EMPLOYMENT APPEALS TRIBUNAL:
what are th EATe responsible for?
handling appeals against decisions made by the Employment Tribunal where a legal mistake occurred
why may have there been a legal mistake?
-got the law wrong
-didn’t apply the correct law
