Employment Tribunals

Question 1

Why were tribunals created?

Answer 1

In order to give people a method of enforcing their entitlement to certain social rights.

Question 2

What is the difference between ADR and a tribunal?

Answer 2

Tribunals must be used in place of going to court due to the nature of the dispute.

Question 3

Is an employment tribunal formal?

Answer 3

Yes - witnesses give evidence under oath, however unlike court there are no wigs or gowns.

Question 4

Examples of unlawful treatment claims?

Answer 4

• Unfair dismissal
• Discrimination
• Unfair deductions pay
• Breach of contract
• Harassment in the workplace
• Redundancy (no longer needed)

Question 5

To make a claim?

Answer 5

Must complete ET1 form

Question 6

The claim must be brought within how long after the event?

Answer 6

3 months

Question 7

What happens before an employment tribunal?

Answer 7

• ACAS contacted
• If can’t be resolved then claim is issued.

Question 8

Advantages

Answer 8

1. Costs
   - Rep isn’t essential, no fees for claim. Parties pay own costs, public funding available.
2. Speed
   - Hearing date fixed in short period, final hearing in a day.
3. Informality - lay people and judge, no dressing.
4. Expertise
   - Judge or experienced lawyer hear + lay members have practical experience.

Question 9

Disadvantages

Answer 9

1. Lack of public funding
   - More financially disadvantaged may not afford rep. This undermines purpose of tribunals.
2. Formality
   - Chairperson must legally qualified, formal atmosphere.
3. Delays
   - Growing numbers cause delays, complex cases can spread.