work/role of employment tribunals Flashcards
(10 cards)
what are employment tribunals
a wider system of tribunals that work alongside the court system but sit in a separate building
what do employment tribunal provide
alternative system of adjudication to more formal civil courts and proceeding and are independent unbiased and impartial
what do employment tribunal hear
dispute between employees and employers where an employee think they have been treated unlawfully:
unfair dismissal
discrimination under Equality act 2010
what are the 3 panels in each tribunal
legally qualified chair
representative of employers
representative of employees
why do employment tribunal deal with
disputes between employers and employees where an employee feels they have been treated unlawfully e.g:
1.) unfair dismissal
2.) discrimination (under the equality act 2010)
3.) right to payment such as minimum wage
4.) breach of contract
procedure of employment tribunals
they are less formal that the civil courts
panels sit on the same level as the parties unlike the civil courts —> however both parties will put forward their case and evidence is given on oath, with witnesses giving evidence and being ross examined
legal representation is very common
can hearing of employment tribunal be public
they can be public and cases can be high profile —> 2020 TV presenter Samira Ahmed won equal pay claim against BBC
Hearing of employment tribunal
can be quite short as issues are identified before hand + panel will have read papers
decision is legally binding
results include compensation, giving back job or re-engagement in a different role
APPEALS IN EMPLOYMENT TRIBUNALS
can be made the employment appeal tribunal on the ground that;
—>there was an error in the law
—> procedural unfairness
—> error in the facts
when must appeal from the employment tribunal be made
within 42 weeks —> further appeals must go to the court of appeal/supreme court
