employment tribunals Flashcards
1
Q
tribunals
A
- like ‘mini courts’
- deal w/ certain ypes of disputes cannot be taken to court
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
3
Q
employment tribunals - law
A
- Employment Tribunals Act 1996 - sets out rules
- Employment Rights Act 1996
-Equality Act 2010
4
Q
start a tribunal claim
A
- conciliation both parties attempt via. ACAS (Indp. body) (Free)
- no agreement = claimant = claim form (ET1) via. online/post
- claim served on respondent must respond w/in 28 days by ET3 form
- Tribunal sends the claimant respondents response -> ACAS further attempts
- (possible) ‘case management’ hearing -> estab. claims & issue instructions
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.
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
7
Q
employment tribunal appeals
A
- PoL = Employment Appeal Tribunal (EAT)
- fA - CoA(CD)