Tribunals Flashcards
What are tribunals
Tribunals perform a function similar to that of a court of law but is NOT a court of law. Tribunals, on the other hand, are more specialised. Each sort of tribunal hears only one type of case.
Tribunals are less formal than courts.
When are tribunals used
Tribunals are used instead of going to court, litigants cannot go to court as well unless they have exhausted the tribunal procedure.
What are the three different types of tribunals
- Domestic tribunals
- Employment tribunals
- Administrative tribunals
What does a domestic tribunal deal with and give an example
Deals with matters relating to the internal workings of particular organisations other than those part of the welfare state
eg. Disciplinary committees of the British Medical Association (BMA, the professional body for doctors), the Law Society (the professional body for solicitors) and trade unions.
What is an administrative tribunal and give examples
Created by an Act of Parliament to review the decisions of government
Tribunals were set up to deal with disputes about entitlement
Eg. Rent Tribunals
Which are involved in fixing fair rents under the Rent Acts
What are employment tribunals and give an example
Under the Employment Tribunals Act 1996 employment tribunals deal with a range of disputes between employers and employees.
Eg. Unfair dismissal, sex or race discrimination, disability discrimination
Composition in tribunals- first tier tribunals
Cases in the First Tier Tribunal are heard by a tribunal judge. Also for some types of cases, two specialist non-legal members sit with the judge to make the decision. The specialist members will have expertise in the particular field of the tribunal, such as social care or housing.
Organisation in tribunals- what do the first tier tribunals hear
The First Tier Tribunal to hear cases at first instance (first hearing of a claim).
Organisation in tribunals- what do upper tier tribunals hear
Upper Tier to hear appeals - they have the power to conduct a judicial review of a case which has been heard in the First Tier Tribunal