tribunals

Question 1

tribunals

Answer 1

used instead of courts for deciding certain types of disputes, less formal than court, operates alongside court, composed of 3 people-1 legally qualified,2 experienced in the area, enforce rights granted through social and welfare legislation the tribunals,courts and enforcement act 2007

Question 2

employment tribunals

Answer 2

deals with issues such as claims of welfare,dismissal,discrimination in the work place or redundancy, separate buildings and process, 2 judges,2 lay members,1 employers organisation and 1 employees organisation

Question 3

employment tribunals - primary matters

Answer 3

claims brought within 3 months of the event, AcAs must be contracted to see if theirs a solution, if can’t be resolved a claim can be issued to the employment tribunal, claimant must fill out an E1 form and send it to employment tribunals and respandant has to fill an ET3 form to respond to the claim

Question 4

tribunals procedure

Answer 4

both sides given an opportunity to put their case forward, sometimes formal with witnesses giving evidence on oath and being cross examined, funding only available in a few tribunals;applicants present their own case by lawyer or a trade union official, decision is legally binding

Question 5

tribunals - the hearing

Answer 5

open to public-rarely publicised, quite short-panel may decide on the day or later in writing, if either side is satisfied with panels decision,they can ask the tribunal to review it’s decision within 14 days, evidence is taken on oath and are set rules

Question 6

the hearings - decisions

Answer 6

a collective decision will be issued in writing: if tribunal is in favor of the employee=may encourage settlement, if settlement cannot be reached=tribunals can award compensation, if claimant lost=employee does not pay employers cost but responsible for the cost of lawyers used