Employment Tribunals and ADR Flashcards
What do employment tribunals involve?
They involve disputes between employees (or potential employees) and employers.
What does ADR generally involve?
They involve disputes between consumers and traders.
What are employment tribunals?
They are specialist employment “courts” that deal with employment issues outside the civil courts system.
What is true of both ADR and employment tribunals?
They are both ways of resolving disputes without going to court.
What is the role of the employment tribunal?
Hear claims from citizens who think someone such as an employer, a potential employer or a trade union has treated them unlawfully
Deal with specific areas of employment rights as part of a historic overhaul of social and welfare legislation.
What is the jurisdiction of employment tribunals?
Unfair dismissal
Discrimination
Unfair deductions from pay
What is the procedure for employment tribunals?
Claimants use ET1 form to make a claim
Respondent has 28 days from receiving ET1 form to complete a response form ET3
If Tribunal Office accepts claim, then employer is contacted
If employer doesn’t respond, judgment is made in favour of the claimant
If employer disputes claim, case will go to case management and a hearing is held to resolve the dispute.
Following the hearing a judgment is issued
Who sits on the employment tribunal panel?
3 people:
An employment judge
A representative of an employer’s organisation
A representative of an employee’s organisation
What are the 4 key types of ADR?
Negotiation
Mediation
Conciliation
Arbitration
What is negotiation?
Most basic form of ADR
Individual attempts to resolve the issue directly, privately and possibly face to face with the other party
Eg. returning faulty goods to a shop
What is mediation?
A neutral 3rd party mediator attempts to resolve the issue, with both parties, without giving their opinion.
Eg. marriage guidance to avoid separation or divorce
What is conciliation?
More active form of mediation, where a 3rd party tries to suggest a compromise between the disputing parties.
Eg. cases of alleged discrimination
What is arbitration?
A 3rd party decides the case when the disputing parties refer the case to it. Arbitrator is impartial, they just hear all the evidence and arguments and make a legally binding decision (an award)
E.g. package-holiday contracts
