Explain The Work/role Of Employment Tribunals Flashcards
What are Employment Tribunals?
Employment tribunals are part of a wider system of tribunals that work alongside the court system but are located in separate buildings.
What is the role of Employment Tribunals?
They provide an alternative system of adjudication to the more formal civil court proceedings, and are independent, unbiased, and impartial.
What types of disputes do Employment Tribunals hear?
They hear disputes between employees and employers regarding unlawful treatment, such as unfair dismissal, discrimination, rights to pay, breach of contract, redundancy, or unfair deductions from pay.
Who makes up the Employment Tribunal panel?
Each panel consists of three members: a legally qualified chair, a representative of employers, and a representative of employees.
How formal is the procedure in Employment Tribunals?
The procedure is less formal than in civil courts, with the panel sitting on the same level as the parties.
What happens during a hearing at an Employment Tribunal?
Both sides present their case, evidence is given on oath, witnesses are cross-examined, and legal representation is common.
Are Employment Tribunal hearings public?
Yes, hearings are in public and can be high profile.
What are the possible outcomes of an Employment Tribunal decision?
Outcomes can include compensation, reinstatement, or re-engagement in a different role.
What is the process for appealing an Employment Tribunal decision?
An appeal can be made to the Employment Appeal Tribunal on grounds of error of law, error of fact, or procedural unfairness within 42 days.
Can further appeals be made beyond the Employment Appeal Tribunal?
Yes, further appeals can be made to the Court of Appeal and the Supreme Court.
