Employment Tribunals Flashcards
What is a tribunal?
A forum used instead of a court to resolve disputes
Why were tribunals created?
In order to give people a method of enforcing their entitlement to certain social rights
What is the difference between ADR and a tribunal?
Tribunals must be used in place of going to court due to the nature of the dispute
Is an employment tribunal formal?
Yes - witnesses give evidence under oath, however unlike court there are no wigs or gowns
Is funding for representation available in tribunals?
Yes for a few cases, so most applicants represent themselves (although can gain advice)
In employment tribunals, there will often be representatives from..
Trade union
What is the decision on a tribunal?
Binding
Is there a fee for tribunals?
No
The claim must be brought within how long after the event?
3 months
What issues can lead to an employment tribunal?
Unfair dismissal, redundancy, discrimination in the workplace
What happens before an employment tribunal?
ACAS will be contacted, and if they can’t solve the issue then the claim will be issued. The claim must set out detailed reasons for the action and it must be filed with the tribunal within the time limit. The employer is invited to comment.
Who sits at the panel?
Judge, representation for the employer, representation for the employee
Is the trial open to the public?
yes
What are the outcomes of an employment tribunal?
- Favour of the employee - the panel will encourage settlement, usually through a favourable reference or compensation. If settlement cannot be reached, the tribunal can award compensation
- Claim is lost - employee does not have to pay for employer’s costs, but will be responsible for any lawyer they use
- Dissatisfied - either party can ask the tribunal to review their decision within 14 days
Both sides can appeal within how long after the decision?
42 days
