U1A: Tribunals

Question 1

What are the 6 different types of Tribunals?

Answer 1

1) Employment

2) HMRC- Taxes

3) Council tax/ housing

4) Immigration Asylum- Legal Aid

5) Mental Health

6) Education

Question 2

How do Tribunals operate in relation to the court system?

Answer 2

-ALONGSIDE the court system
-Where a tribunal exists for a certian area of law, the courts can’t be used
-Emplyoment issues= heard by employment tribunals, not the court system

Question 3

What is the AIM of Tribunals?

Answer 3

-To enforce rights which have been granted through social or welfare legislation.
EG: unfair dismissal and discrimination at work.

Question 4

What does a Tribunal aim to be (in relation to f dependence)?

Answer 4

AIMS TO:
-Act as an independent and impartial tribunal,
(meaning its members are not linked to the case)

Question 5

What is a case example for the impartiality of tribunals + the RULING?

Answer 5

Singh v Glasgow University -emphasised where a judge has links to a case, this could lead to their impartiality being questioned + they are automatically disqualified from hearing the case.

Question 6

What is structure of Tribunals?

Answer 6

-Preliminary Hearing -> First Tier Tribunal -> Upper Tier Tribunal -> County Court

Question 7

What are the 2 requirements of prelimary hearings for Tribunals?

Answer 7

1) The claim must detail the issue
2) Must be issued within the limit

Question 8

How many days do you have to appeal to the Upper Tier Tribunal + what is its condition?

Answer 8

-42 days: and only on a point of law

Question 9

What are some features of Tribunals?

Answer 9

-No legal aid (Public help)- only immigration)
-Parties pay equal costs at outset
-Awards of costs/ compensation/ possible reinstation of job
-Public hearings
-Made in tribunal room
-Short hearings
-Claimant can bring own case with lawyer or represent themselves

Question 10

What act created Employment Tribunals?

Answer 10

-Industrial Training Act 1964.

Question 11

How many people are present in Employment Tribunals + who are they?

Answer 11

-3: Judge + two non-lawyers: person from Employer’s organisation + person from Employee’s organisation
-Employee person= usually legal representation from their trade union

Question 12

What is the procedure in Employment Tribunals?

Answer 12

-Both sides= given an opportunity to put their case.
-Done in a formal way with witnesses giving evidence on oath + being cross-examined.
-Decision of the tribunal is binding.