Tribunals Flashcards
1 = procedure
2 = jurisdiction
- Before coming to the tribunal
Parties attempt to resolve outside of court (HR procedures/ trade union representative/ ACAS early conciliation)
- If these options fail to resolve the issue
Claimant submits the form and respondent must respond within 28 days
Time limit of 3 months less 1 day from incident - or 6 months from redundancy / equal pay claims
They are free but have to pay for legal representation
1.Hearings held in an office building but resemble a court in some ways
Panel sits on a raised platform; witnesses give evidence under oath; rules on who can speak and when; public gallery
However no wigs/gowns, slightly less formal, can be paper or electronic hearing1
- decision made by panel
One employment law expert (tribunal judge), one representative for employers, one for employees
Judge manages the case
Encourages cooperation and settlements ensures fair hearing
Panel can impose: fine, penalties, compensation, order of costs
Industrial training act 1964
Introduced employment tribunals as an alternative to courts to resolve disputes
Governed by
Employment tribunals act 1996 and Employment tribunals Regulations 2013
Tribunals, courts and enforcement act 2008 introduced two-tier tribunal system
- Jurisdiction of employment tribunals
Hear disputes employer and employee, usually emplyee has been treated unlawfully
Issues include unfair dismissal, discrimination, or unfair deductions
Made by panel of 3 (legally qualified tribunal judge)
- Role of ACAS
Claims sent through ACAS who first encourage out of court resolution then send to tribunal if no resolution made
- Employment appeal tribunal
Reasons for original decision can be requested within 14 days of outcome
Parties then have 42 days to lodge appeal
Appeal allowed if it is in interests of justice
E.g. tribunal law wrong, didn’t follow procedure, decision with no evidence, unfairly biased
Appeal tribunal can then confirm, revoke or vary original
