Tribunals Model Answer

• A tribunal is similar to a court in structure and are an alternative way of resolving a dispute. Tribunals are given their legal status by the Tribunals and Enquiries Act 1958 and are controlled by the Administrative Justice and Tribunals Council.
• The role of an Employment Tribunal is to resolve disputes around employment law between employees and employers in an independent, unbiased and impartial manner. These claims involve employees who think that their employer has treated the unlawfully. Unlawful treatment may include: unfair dismissal, discrimination, unfair deductions from pay, rights to pay - wages, notice period, holiday pay, minimum wage, breach of contract or redundancy.
• The Claim must be made within three months of the date of issue. If not, a Tribunal cannot take place. Within this time, the parties should attempt to settle the matter themselves, with the help of the Advisory, Conciliation and Arbitration Service. If no resolution is made, then the matter will proceed to a Tribunal. Legal advice is not obligatory, however most Claimants would do this prior to the Tribunal to assess their rights and chance of success. Once submitted, the claim is sent to the employer for their response.
• The Employment Tribunal Hearing is less formal than progressing through the Civil Litigation system; The Tribunal is led by a Judge (specialising in Employment Law) with two lay individuals known as non-legal members (one from the perspective of the an employer and one from the perspective of an employee) who will consider evidence from both sides before making a binding decision.
• Decisions may be delivered there and then, however some are dealt with in writing at a later date. A finding of unlawful treatment may result in: compensation, the employer ordered to give the employee their old job back, re-engagement of the employee in a different role or providing satisfactory reference.
• Tribunals are not bound by precedent and each case is decided on its own merit, however the Tribunal must follow the law and basic rules of natural justice must be followed.
• If either side are unhappy, they can ask for a review of the outcome within 14 days of the hearing by the Tribunal service. If they are still unhappy, then they may pursue an Appeal. This is an option open to either side and must be done withing 42 days of the Tribunal final decision and made to the Court of Appeal or the Supreme Court. However, appeals can only be made on a point of law