Employment Tribunals Flashcards
What are tribunals?
Like “mini courts” which operate alongside court system that deal with disputes that cannot be taken in court.
What decisions do Employment Tribunals make?
Decisions about disputes between workers and employers, such as unfair dismissal, redundancy claims, unfair wage deductions and discrimination.
What laws sets out the rules for employment tribunals
Employment Tribunals Act 1996
Employment Rights Act 1996 and Equality Act 2010 also important
When must proceedings be brought to ET
Within 3 months since the incident giving rise to the claim
How are ET started?
- Parties must attempt conciliation, where ACAS tries to help parties reach agreement for free to avoid ET.
- If no agreement, claimant can file a claim form (ET1) to employment tribunal online or by post
- Claim served to Respondent who must complete ET3 form in 28 days
- Tribunal sends claimant copy of employers response, ACAS makes further attempts to resolve
- Tribunal May request “case management hearings” to establish what claims are being made and to give instructions on how to prepare case
What is the composition of the tribunal?
Heard by a panel of an employment judge, and 2 non legally qualified members, each likely representing either employer organisation or employees. Claimants free to represent themselves or use proffesional legal rep
Where are ET heard?
Normally in office buildings and hearings held in individual tribunal rooms.
Most open to public but tribunal can make an order to be held in private
How is the hearing actually run?
More flexible than court, panel act inquisitorially, asking questions.
Both sides put forth case, witnessses give evidence on oath + cross examined.
Both make closing submissions
What happens when hearing is finished?
Tribunal panel adjourn to consider its decision.
May give decision on day or provide in writing later, must give reasons
How to appeal?
An appeal on point of law possible in Employment Appeal Tribunal, further appeal to Court of Appeal
