Tribunals....

• what are employment tribunals used for?

  They deal with issues such as claims of unfair dismissal, discrimination in the workplace, or redundancy. An employment tribunal sits in a separate building and has a set process, but it is less formal than a court and so wigs and gowns arent worn.
• Preliminary matters:

  • a claim on an employment issue has to be brought to the tribunal within three months, less than one day from the event.
  • In most cases, ACAS (the Advisory, Conciliation and Arbitration Service) must be contacted within this time for early conciliation to see if there can be a resolution. if the matter cant be resolved through conciliation, then a tribunal is used.
• Still under preliminary matters:

  • Most claiamnts obtain advice on the strength of their case before issuing claim, though it is possible for a claimant to take their own case.
  • advice can be obtained from a specialist lawyer or trade union.
  • the claim must set out detailed reasons for the action and must be foiled with the tribunal within the time limit.
  • There is no fee for submitting a claim.
  • the claim will be passed to the employer who will have an opportunity to comment.
• The hearing:

  hearings are held in individual tribunal rooms, it has a panel made of:

  A judge who specialises in employment law, they will run on the proceedings. One person who rep's the employer's organisation and one person who represents the employee.

  Should a preliminary hearing be needed, it will take place before a judge sitting without the panel members. in a full hearing, evidence is taken under oath and there are rules about procedure. the evidence can be accepted.
• The hearing:

  Each sie can be rep'd by themselves or by a lawyer, like a union official.

  Most hearings are open to the public, though they are rarely publicised. Hearings are generally short as most of the issues are identified before hand and the panel will have read the relevant papers. at the end of the hearing, the panel can decide on that day or give it later on in writing.
• The decision of the tribunal:

  A collective decision of the panel will be subsequently issued in writing-

  If it is in favour of the employee- there will be a settlement that is encouraged, this may include a favourable reference and some compensation.

  If a settlement cannot be reached, the tribunal can award compensation.

  if the claim is lost, the employee pays the costs of the lawyer that they use.

  if either side is dissatisfied with the decision, they have 14 days to ask for the tribunal to review their decision.
• Appeals:

  Either side may then appeal within 42 days of the tribunal decision to an employment appeal tribunal but only if it is on a point of law. Further appeals can be made to the civil court of appeal, and the supreme court-- again only on a point of law and with permission from the employment appeal tribunal.
• What are the disadvantages of employment tribunals?

  A claim must be issued quickly after the issue arises

  funding isn't available. an employee may be at a disadvantage against their employer who can pay for legal representation

  appeals are limited to points of law

  delays can incur when setting a hearing date.

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• what are the advantages of tribunals?

  Claims will be heard by a specialist panel

  ACAS will encourage the parties to settle the claim before a hearing

  The hearing is often heard without public or the press, ensuring confidentiality.

  the hearings are informal and short

  the employee can be rep'd by a non lawyer like union representatives, making it cheaper.

  panels will give a written judgment after the hearing

  the parties pay their own individual costs