employment tribunals Flashcards
what act is needed
Industrial Training Act 1864
what now governs rules for tribunals (2)
Employment Tribunals Act 1996 and Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
what act changed the tribunal system
Tribunals, Courts and Enforcement Act 2008
what did the Tribunals, Courts and Enforcement Act 2008 do
changed the system of all types of tribunals into First Tier and Upper Tier Tribunals. These work alongside the court system to resolve disputes
what are some example issues (3)
Unfair dismissal
Discrimination
Unfair deductions from pay
Tribunal decisions are made by a panel which has three members who are (3)
A legally qualified chair person (Tribunal Judge)
A representative of the employers
A representative of the employees
what does ACAS stand for
Advisory Conciliation and Arbitration Service
where are claims for employment tribunals sent
ACAS
where are parties first encouraged to go to before tribunal
through internal grievance procedures, then through Early Conciliation before going to a tribunal
what happens when the claimant has told ACAS they want to make a claim (4)
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
can parties opt out
yes they are free to opt out of this and proceed straight to tribunal (but this may affect their compensation amount)
when do claim forms have to be sent back by
respondent must send the form back within 28 days
Bringing a Claim in an Employment Tribunal Process (8 points)
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)
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)
who is the panel lead by
Tribunal Judge
tribunal job daily role (5)
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
what does the panel have the power to impose (4)
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)
where can this appeal
employment appeal tribunal
when can the appeal process start
The parties can request the reasons for the original decision but this must be in writing within 14 days of the original decision
what does it mean to lodge an appeal
formally submitting a request for a higher court to review a decision made by a lower court
how long do parties have to lodge their appeal
42 days
who else must the appeal be requested from
employment appeal tribunal themselves
what is the reason an appeal is allowed
if its ‘in the interests of justice’
Employment Appeal Tribunal will hear appeals where an Employment Tribunal has…(4)
Got the law wrong
Not followed the correct procedures
Has no evidence to support their decision
Was unfairly biased
what can the result be
The Employment Appeal Tribunal can confirm, revoke or vary the original decision
