Tribunals

Question 1

What are tribunals?

Answer 1

• Specialist bodies that have the power to hear and resolve disputes in a specific area of law

Question 2

What is the structure of tribunals?

Answer 2

• In 2007 the Tribunals, Courts and Enforcement Act (2007) reformed the old tribunal system and created a new system
• There’s a 2-tier system
• First-tier tribunal and Upper tribunal

Question 3

What is the structure of the First-tier tribunals?

Answer 3

• Handles about 600,000 cases a year. Nearly 200 judges, 3,600 lay members
• Operates in seven chambers (divisions)
• E.g. Social Entitlement Chamber, Health, Education, and Social Care Chamber, taxation chamber, Land, Property, and Housing Chamber, and more
• There is also a separate chamber called the Employment Tribunal that deals with workplace disputes

Question 4

What is the structure of the Upper Tribunal?

Answer 4

• Hears appeals from the First-tier Tribunal
• 4 chambers:
• Administrative Appeals Chamber (deals with appeals from Social Entitlement, Health, Education, Social Care Chambers, and more)
• Tax and chancery chamber
• Lands chamber
• Asylum and immigration chamber
• There is a further appeal to the Court of Appeal and from there to the Supreme Court

Question 5

How do procedures work at tribunals?

Answer 5

• Presided over by one judge
• Both sides must be given the opportunity to have their say and put their case
• Applicants will usually represent themselves as funding is only available in some tribunals.
• When an applicant is putting their own case, the tribunal judge must try to make sure that the applicant puts the case fully
• The decision of the tribunal is binding

Question 6

What are the advantages of using tribunals?

Answer 6

• Cheaper - Tribunals hearings don’t normally involve the costs associated with court hearings as applicants are encouraged to represent themselves and not use lawyers
• Quick hearings - Most are very short and can be dealt with in one day
• Informal - More informal than in court and most are heard in private
• Expertise - In some tribunals two non-lawyers sit to hear the case with the judge. These members of the panel are experts in the type of case being heard. This gives them good knowledge and understanding of the issue in dispute

Question 7

What are the disadvantages of using tribunals?

Answer 7

• Lack of funding - (is funded for some disputes) companies having an advantage against people as they would have the most expensive representation
• Delay - e.g. if the case is complicated it could take longer than normal, and there’re a lot of cases dealt with by tribunals so there may be delays in getting a hearing
• Inarticulate people representing themselves would be at a disadvantage, and the procedure is confusing for individuals presenting their own case

Question 8

How does employment tribunals work?

Answer 8

• They deal with issues such as a claim of unfair dismissal, discrimination in the workplace, or redundancy.
• An employee’s trade union will sometimes provide them with legal representation
• They sit in a separate building and have a set process, but this is less formal than a court - no wigs or gowns are worn

Question 9

What is the role of tribunals?

Answer 9

Enforce rights which have been granted through social and welfare legislation