Employment Tribunals A01 Flashcards
What did the Tribunals, Courts and Enforcement Act 2007 do for employment tribunals?
It created a framework that made tribunals more organised and simplified.
What is the composition of an employment tribunal panel?
The panel consists of three people: 1 legally qualified member and 2 with experience in the relevant area, such as business or trade unions.
What happens when a dispute arises at work?
The employee tries to resolve the issue informally or directly with the employer.
What is the role of early conciliation in employment disputes?
The employee must contact ACAS (Arbitration, Conciliation and Advisory Service) to try to resolve the dispute through conciliation before taking further action.
What happens if the dispute is not resolved with ACAS?
The employee submits an ET1 claim form to the Employment Tribunal. If the claim is not accepted, it is returned to the employee.
What happens if the ET1 claim form is accepted by the Employment Tribunal?
A copy of the claim is sent to the employer, and post-claim conciliation begins, with ACAS continuing to help settle the dispute before a hearing.
What happens if the employer does not respond to the claim?
If no response is received or if the response is not accepted, the tribunal issues a judgment in favour of the employee.
What is case management in an employment tribunal?
The tribunal decides the time and location of the hearing and who will sit on the panel, while informing the employee on how to prepare for the hearing, including what documents to bring.
What is the nature of the hearing in an employment tribunal?
The hearing is semi-formal, with no wigs or gowns. Each side can present their case and use a lawyer or other representative, like a trade union rep.
What happens after the hearing?
The panel issues a legally binding judgment. Appeals, if allowed, can be made to upper tribunals or the High Court.
