Employment Tribunals

• Employment Tribunals

  Part of a wider system of tribunals which work alongside the court system.
• Aim of Employment Tribunals

  To provide an alternative system of adjudication to the more formal civil court proceedings.
• What are Employment Tribunals governed by?

  The Employment Tribunals Act 1996 and 2013 Rules.
• The Employment Tribunal hears disputes between employees and employers.


  Where the employee thinks they have been treated unlawfully, for example, unfair dismissal, discrimination or unfair deductions from pay.
• Make-up of the Tribunal

  3 members:

  Legally qualified chair

  A representative of employers

  A representative of employees
• Role of conciliation and ACAS

  ACAS will try to help a person reach agreement with their employer before they make a tribunal claim.

  This is called early conciliation.

  ACAS is a government funded body whose job is to help with this process in workplace disputes.
• How the employment tribunal works

  No legal aid but may get help from their trade union.

  Formal process where each party presents their case, including witnesses.

  Outcome is binding.
• Appeal from the Employment Tribunal

  Grounds for appeal:

  • The tribunal got the law wrong or did not apply the correct law or did not follow the correct procedures
  • Biased decision
• 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 less than a day.

  •Less formal than court.

  •Employment tribunals have experts sitting with the judge.

  •Frees courts time for other cases.
• Disadvantages of using an Employment Tribunal

  •No legal aid (government funding).  This can cause problems where the other side has a lawyer.

  •Though it is less formal than court it can still be complex for an ordinary person.

  •Can sometimes be a wait before the case comes to the tribunal.