Tribunals Flashcards
What are tribunals
Forums that are used instead of a court for deciding certain types of disputes
What are forums
A meeting or medium where ideas and views on a particular issue can be exchanged
Where do tribunals operate
Alongside the court system
What do employment tribunals deal with
Employment issues
What do tribunals consist of
One who is legally qualified and 2 who are experienced in the area that is concerned
What act unified the framework for tribunals, making them more simplified and organised
The tribunals, courts and enforcement act 2007
What rights do the tribunals enforce
Tribunals enforce rights granted through social and welfare legislation such as
the right not to be discriminated.
What issues do employment tribunals deal with
Unfair dismissal, discrimination and redundancy
Where are employment tribunals found
Outside the reform system, in a separate building with a separate process
Who hears employment tribunals
A judge, 1 person from employers organisation and 1 person from employees organisation
What are the preliminary matters for employment tribunals
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
What form must be filled out and sent to the employment tribunal by the claimant
ET 1
What form must be filled out in response to the claim by the defendant
ET 3
What are both sides given in tribunals
An opportunity to put their case forward
If it is a formal proceeding what will occur
Witnesses will be giving evidence under oath and cross examined
When is funding available in tribunals
Only in a few
Who presents the cases in tribunals
They present their own case, by a lawyer or a trade union official
What are tribunals decisions
Legally binding
What occurs in a full hearing in tribunals
Evidence is taken under oath and strict rules are followed
What are the tribunal hearings
Open to the public but rarely publicised and quiet short as typically lasts a day
When can a tribunal verdict be given
On the day or later in writing
What happens if the tribunal is in favour of the employee
May encourage a settlement
What happens if a settlement cannot be reached
Tribunal can award compensation
What happens if the claim is lost
Employee does not pay employers costs but will be responsible for the cost of the lawyers used
