Tribunals Flashcards

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1
Q

What are tribunals

A

Forums that are used instead of a court for deciding certain types of disputes

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2
Q

What are forums

A

A meeting or medium where ideas and views on a particular issue can be exchanged

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3
Q

Where do tribunals operate

A

Alongside the court system

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4
Q

What do employment tribunals deal with

A

Employment issues

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5
Q

What do tribunals consist of

A

One who is legally qualified and 2 who are experienced in the area that is concerned

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6
Q

What act unified the framework for tribunals, making them more simplified and organised

A

The tribunals, courts and enforcement act 2007

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7
Q

What rights do the tribunals enforce

A

Tribunals enforce rights granted through social and welfare legislation such as
the right not to be discriminated.

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8
Q

What issues do employment tribunals deal with

A

Unfair dismissal, discrimination and redundancy

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9
Q

Where are employment tribunals found

A

Outside the reform system, in a separate building with a separate process

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10
Q

Who hears employment tribunals

A

A judge, 1 person from employers organisation and 1 person from employees organisation

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11
Q

What are the preliminary matters for employment tribunals

A

Claims must be brought in within 3 months of the event, ACAS must be contacted within this time for early conciliation to see if there is a resolution, if the matter cannot be resolved then it can come to the employment tribunal

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12
Q

What form must be filled out and sent to the employment tribunal by the claimant

A

ET 1

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13
Q

What form must be filled out in response to the claim by the defendant

A

ET 3

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14
Q

What are both sides given in tribunals

A

An opportunity to put their case forward

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15
Q

If it is a formal proceeding what will occur

A

Witnesses will be giving evidence under oath and cross examined

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16
Q

When is funding available in tribunals

A

Only in a few

17
Q

Who presents the cases in tribunals

A

They present their own case, by a lawyer or a trade union official

18
Q

What are tribunals decisions

A

Legally binding

19
Q

What occurs in a full hearing in tribunals

A

Evidence is taken under oath and strict rules are followed

20
Q

What are the tribunal hearings

A

Open to the public but rarely publicised and quiet short as typically lasts a day

21
Q

When can a tribunal verdict be given

A

On the day or later in writing

22
Q

What happens if the tribunal is in favour of the employee

A

May encourage a settlement

23
Q

What happens if a settlement cannot be reached

A

Tribunal can award compensation

24
Q

What happens if the claim is lost

A

Employee does not pay employers costs but will be responsible for the cost of the lawyers used

25
Q

If either party is dissatisfied with the panels decision how long do they have to ask the tribunal to review it

A

14 days

26
Q

Who can appeal from a tribunal and how long do they have to do it

A

Either side and withing 42 days

27
Q

When can you appeal from a tribunal

A

On a point of law

28
Q

Who does an appeal initially go to from the tribunal

A

Employment appeal tribunal

29
Q

Where can an appeal go from the employment appeals tribunal

A

Court of appeal of the supreme court

30
Q

Who do they need permission off to appeal from the employment appeals tribunal to the court of appeal and supreme court

A

Employment appeals tribunal

31
Q

When might you appeal higher than the employment appeals tribunal

A

If its on the ground of a point of law