EMPLOYMENT TRIBUNALS

Cards (7)

  • What is a tribunal?
    A branch of the court system that deals with disputes between two individuals.
    It has a legally trained chairperson and two untrained lay people.
  • What statutory instrument governs employment tribunals?
    Employment Tribunals (Constitution and Rules of procedure) Regulations 2013
  • What form must claimants complete to make a claim?
    ET1 claim form
  • What happens at an employment tribunal?
    Have a representative or represent yourself.
    Usually held in office buildings and hearings are held in individual tribunal rooms
  • Which side goes first?
    The chairperson will decide who goes first and takes charge over the hearing.
    In the case of an unfair dismissal or discrimination, the employee goes first
    Cross-examination may also take place
  • Advantages of employment tribunals
    • Cost - Legal representation is not essential, no claim fees, parties pay for their own costs, public funding is available
    • Speed - hear quickly, hearing date is fixed within a short period of time, final hearing is usually completed in one day
    • Informality - more relaxed environment, parties can represent without the need for legal representation
    • Expertise - members of the tribunal will have expertise in the subject of the dispute, chairperson has legal experience, lay members have experience of business
  • Disadvantages of employment tribunals
    • Lack of public funding - public funding not always available for legal representation, employee may not be able to afford representation while the employer can causing discrepancies
    • Formality - tribunal chairperson must be legally trained and judges can be used, attendance of lawyers
    • Delay - growing number of tribunal cases creates delays