Employment Tribunals

Question 1

What is an employment tribunal?

Answer 1

Deal with issues such as a claim of unfair dismissal, discrimination in the workplace or redundancy. Sits in a separate building and has a set process which is less formal.

Question 2

How long does a claim on an employment issue have to be brought from the event?

Answer 2

Within 3 months

Question 3

Who has to be contacted for early conciliation in most cases?

Answer 3

ACAS (Advisory, conciliation and Arbitration service)

Question 4

Why might ACAS have to be contacted?

Answer 4

For early conciliation to see if there can be a resolution before the claim is issued

Question 5

Most claimants gain knowledge on what before the case?

Answer 5

They obtain advice on the strength of their case before issuing a claim.

Question 6

Where can this advice be gained from?

Answer 6

Advice can be gained from a specialist lawyer or trade union

Question 7

What must be set out in the claim?

Answer 7

Must set out detailed reason for the action and must be filed with the tribunal within the time limit. There is no fee and the claim will be passed to the employer who will have time to comment on it.

Question 8

What is the tribunal panel made up of?

Answer 8

• A judge specialising in employment law who will run the proceedings
• One person representing the employer’s organisation
• One person representing the employee’s organisation

Question 9

What happens if a preliminary heading is needed?

Answer 9

It will take place before a judge sitting without panel members

Question 10

How is evidence taken in the full hearing?

Answer 10

Evidence is taken on oath and that can be accepted. Either side can represent themselves or be represented by a lawyer or, for example, a union official.

Question 11

General details of the hearing

Answer 11

• Hearings are quite short as most of the issues will have been identified beforehand and the panel will have read the papers.
• They are open to the public but are rarely publicised.
• At the end of the hearing, the panel might decide on the day or give it later in writing

Question 12

What happens if the tribunals find in favour of the employee?

Answer 12

They may encourage a settlement which could include writing a favourable reference and some compensation

Question 13

What if settlement can’t be reached?

Answer 13

The tribunal can award compensation

Question 14

What if the claim is lost?

Answer 14

The employee will not have to pay the employer’s costs, though they will be responsible for the costs of any lawyer the use.

Question 15

What if either side are dissatisfied?

Answer 15

They can ask, within 14 days, for the tribunal to review it’s decision

Question 16

Who can appeal?

Answer 16

Either side can appeal within 42 days of the tribunal decision but only on a point of law

Question 17

Can further appeals be made?

Answer 17

Yes, to the Civil Division of the COA and the supreme court but only if on a point of law and with permission from the Employment Appeal Tribunal.