employment tribunals Flashcards

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1
Q

tribunals

A
  • like ‘mini courts’
  • deal w/ certain ypes of disputes cannot be taken to court
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2
Q

employment tribunals - what

A
  • decisions about disputes between employees and employers, according to the law
  • i.e unfair dismissal, redundancy claims, discrimination
  • often worker claiming compensation from employers
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3
Q

employment tribunals - law

A
  • Employment Tribunals Act 1996 - sets out rules
  • Employment Rights Act 1996
    -Equality Act 2010
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4
Q

start a tribunal claim

A
  1. conciliation both parties attempt via. ACAS (Indp. body) (Free)
  2. no agreement = claimant = claim form (ET1) via. online/post
  3. claim served on respondent must respond w/in 28 days by ET3 form
  4. Tribunal sends the claimant respondents response -> ACAS further attempts
  5. (possible) ‘case management’ hearing -> estab. claims & issue instructions
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5
Q

employment tribunal composition.

A
  • panel -> legal qual employment judge + 2 lay members -> usually from employee and employer org.
  • claimants can represent themselves/professional legal rep.
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6
Q

tribunal hearing how

A
  • most = public / can order = private
  • more flexible & less formal tham court
  • inquisitorial - ask questions to find info
    -each side op. to put case -> more formal procedure for witnesses give evidence under oath + cross-examined
  • closing submissions
  • decision w/ reasons
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7
Q

employment tribunal appeals

A
  • PoL = Employment Appeal Tribunal (EAT)
  • fA - CoA(CD)
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