Tribunals Flashcards
Leggatt’s review criticisms (4)
Tribunals not user friendly
Poor procedure
Poor accessibility
Lack of independence
Aim of tribunals
Allow individuals to enforce social and welfare rights, work alongside court
3 types of tribunals
Adminstrative
Domestic
Employment
Administrative
Disputes between individuals and state
Domestic
Internal tribunals used for disputes within private bodies
Employment
Deal with disputes between employees and employers
What did the SC rule in 2017?
Tribunal fee system was unlawful. Unfair and too expensive, limited access to justice
Structure of tribunals
First tier, upper tier, court of appeal
First tier function
Hears appeals from citizens against decisions made by government departments
Upper tier function
Primarily reviews appeals arising from first tier
First tier composition and appeals
7 chambers, parties often represent themselves-appeal to upper tier
Upper tier composition
4 chambers-appeal can be made to CoA
Composition of employment tribunals
Legally qualified tribunal judge, 2 lay members, one trade union representative, and one from employee’s organisation
Which act unified framework for tribunal’s from Leggatt’s review?
Tribunals, Courts and Enforcement Act 2007
Who oversees tribunals, and headed by who?
Administrative Justice and Tribunals Council, headed by Senior president of tribunals
Role of AJTC
Ensure fair, accessible, quick and efficient
Pros of tribunals (5)
Cost-no representation often
Expertise-one member will be expert in relevant field, save time explaining technicalities
Independence-transparent and fair
Informality-less formal, maintain relationship
Speed
Cons of tribunals
Lack of funding-legal aid unavailable for some-big corp vs individual
Lack of precedent-unpredictable
Delays if complex
Intimidated parties-no representative=daunting
Appeal-some tribunals have no appeal
