Tribunals

Question 1

Tribunals are used to avoid what?

Answer 1

The main disadvantages of going to court

Question 2

The main disadvantages of going to court

Answer 2

• Cost
• Time
• Complication

Question 3

When must a claim be filed?

Answer 3

Within 3 months minus 1 day from the event

Question 4

Usually, a claim will only be issued if it cannot be resolved with what?

Answer 4

ACAS

Question 5

How many judges will hear a preliminary hearing, if it is needed?

Answer 5

1 judge

Question 6

The hearing

Answer 6

• usually short
• open to the public
• requires evidence to be taken on oath

Question 7

What does an employment tribunal panel consist of?

Answer 7

• A judge that specialises in employment tribunals
• A person representing employer
• A person representing employee

Question 8

Possible outcomes

Answer 8

• Employee wins, gaining compensation and a favourable reference
• Settlement not reached. Employee is awarded compensation
• Employee’s claim is lost. Only have to pay their own costs if any

Question 9

What happens if the employee wins?

Answer 9

They receive compensation and a favourable reference

Question 10

What happens if a settlement is not reached?

Answer 10

Employee given compensation

Question 11

What happens if the employee loses?

Answer 11

Only have to pay their own costs if any

Question 12

When can a review be requested?

Answer 12

within 14 days

Question 13

Who can ask for a review or make an appeal?

Answer 13

either party

Question 14

When can an appeal be made?

Answer 14

Within 42 days of the original decision

Question 15

Advantages of tribunals

Answer 15

• No need for lawyers, so no or little expense involved
• Employees don’t have to pay fees to file a claim
• Less formal
• Does not damage relations between parties

Question 16

Disadvantages of tribunals

Answer 16

• One side may not be prepared to negotiate with the other because they are hostile or believe they are on the moral highground

Question 17

Why are tribunals less formal than court?

Answer 17

• Can choose to represent themselves, or be represented by a union official or a lawyer that specialises in employment
• Strict rules of evidence and dresscode do not apply, so there is a less intimidating atmosphere

Question 18

What did the Supreme Court rule unlawful in 2017?

Answer 18

Employees having to pay fees to file a tribunal claim

Question 19

When did the Supreme Court rule that employees having to pay fees to file a tribunal claim was unlawful?

Answer 19

2017