Employment Tribunals Flashcards
(16 cards)
Employment Tribunals
They are part of a wider system of tribunals which work alongside the court system, but sits in a seperate building.
What do Employment tribunals provide?
An alternative system of adjudication to the more formal court proceedings
What are the 3 characteristics of an Employment tribunal?
They are independent, unbiased and impartial
What do they hear?
They hear disputes between employees and employers- where the employee thinks they have been treated unlawfully.
Give examples of the different disputes they hear.
Unfair dismissal, discrimination (for example Equality Act 2010), rights to pay (such as minimum wage), breach of contract, redundancy or unfair deductions from pay.
What is each Employment Tribunal Panel made up of?
3 members- a legally qualified chair, a representative of employees, a representative of employers
Describe the procedure
It is less formal than in the civil courts. The panel sits on the same level as the parties, and both parties will put forward their case, evidence is given an oath, with witnesses giving evidence and being cross examined, and legal representation is very common.
Where are the hearings made?
In public
What can the cases be? Give example.
High profile e.g. in 2020 TV Representor Samir Ahmed won her equal pay claim against the BBC
Why are the hearings usually quite short?
All issues have been identified beforehand and the panel will have read the papers
I sthe decision legally binding?
Yes
What can the results be?
Compensation, giving job back or re-engagement in a different role.
Where is an appeal made?
To the Employment Appeal Tribunal
On what grounds can an appeal be made?
Error of law, error of fact , procedural unfairness
When should an appeal happen?
Within 42 days.
Where can appeals be made after Employment Appeal Tribunal?
Court of Appeal and the Supreme Court
