Employment Tribunal

• An employment tribunal is part of a wider system of tribunals that run alongside the court system
• Employment tribunals aim to provide an alternative system of adjudication to the more formal civil court proceedings
• Employment tribunals are governed by The Employment Tribunals Act 1996 and 2013 Rules
• Employment tribunals hear disputes between employees and employers
• Employment tribunals commonly occur when the employee thinks they have been treated unlawfully such as- unfair dismissal, discrimination or unfair deductions from pay
• There are 3 members of a tribunal, the legally qualified chair, a representative of employers and a representative of employees
• ACAS- tries to help a person reach agreement with their employer before they make a tribunal claim. This is called EARLY CONCILLIATION
• ACAS is a government funded body whose job is to help with conciliation in workplace disputes
• In an employment tribunal you do not get any legal aid, but you may get help from your trade union.
• An employment tribunal is a formal process where each party presents their case, including witnesses. It results in a legally binding outcome.
• Ground for an appeal from the employment tribunal-

  The tribunal gave error of fact, error of law or procedural unfairness, or the outcome may have been a biased decision
• Appeals from an employment tribunal go to the high court, and further appeal follows the same system appeals in the civil court do after the high court.
• Advantages of using an employment tribunal=

  -Cheaper than court, with lower fees, costs and penalties

  -Applicants encouraged to represent themselves

  -Quicker than court with most cases heard in a day

  -Less formal than court and therefore less intimidating

  -Employment tribunals have experts sitting with the judge

  -Frees court time for other cases
• Disadvantages of using an Employment Tribunal=

  • No legal aid= can cause problems where the other side has a lawyer
  • It is less formal however it can still be complex for the ordinary person, but can also still be very intimidating
  • Can sometimes be a delay before the case goes to the tribunal