Employment Tribunals

• There are over 100 different types of Tribunals - everything from the FA to Immigration and Asylum.
• Tribunals offer an alternative form of resolving disputes which is less formal than using the courts (but are still similar to courts in many ways).
• Industrial Training Act 964 -> first introduced Employment Tribunals.
• Employment Tribunals Act 1996 and Employment Tribunals (Constitution and Rule of Procedure) Regulations 2013 -> now govern the rules for tribunals.
• Tribunals, Courts and Enforcement Act 2008 -> changed the system of all types of tribunals into First Tier and Upper Tier Tribunals. These work alongside the court system to resolve disputes.
• Jurisdiction of Employment Tribunals:

  • Employment Tribunals hear disputes between employee and employer.
  • Usually where employee feels they have been treated unlawfully.
• Jurisdiction of Employment Tribunals:

  • Examples of issues:
  • Unfair dismissal
  • Discrimination
  • Unfair deductions from pay
  • Tribunal decisions are made by a panel which has three members:
  • A legally qualified chair person (Tribunal Judge)
  • A representative of the employers
  • A representative of the employees
• Role of ACAS and Conciliation:

  • ACAS = Advisory Conciliation and Arbitration Service.
  • Claims for an employment tribunal are sent through ACAS.
  • parties are first encouraged to resolve the matter through internal grievance procedures, then through Early Conciliation before going to a tribunal.
• Role of ACAS and Conciliation:

  • ACAS Early Conciliation:
  • After claimant has told ACAS they wish to make claim, ACAS will automatically offer a free conciliation service to try and resolve the issue without having to go to Tribunal.
  • This is an ongoing process for up to 6 weeks.
• Role of ACAS and Conciliation:

  • ACAS Early Conciliation:
  • It is free, confidential, and allows outcomes which are not available at a Tribunal (such as ensuring a good job reference)
  • If an agreement is signed, the claimant can no longer go to an employment tribunal.
  • Parties are free to opt out of this and proceed straight to tribunal (but this may affect their compensation amount).
• Bringing a Claim in an Employment Tribunal:

  • Claimant must submit relevant claim form - respondent must send the form back within 28 days.
  • Time limits apply - usually 3 months less 1 day from the incident, or 6 months for redundancy or equal pay claims.
  • ACAS will ask the claimant to discuss the possibility of success with their representative (e.g. union)
  • Employment Tribunals are free, but parties may pay for representation (unless it is from a union).
• Bringing a Claim in an Employment Tribunal:

  • Hearings held in office building but resemble a court room in some ways:
  • Panel sits on raised platform
  • Witnesses give evidence under oath
  • There are rules on who can speak and when
  • Most have a public gallery (unless very personal nature of claim)
  • However there are no wigs and gowns and it is slightly less formal than court
  • Parties can also submit their arguments in writing, or electronically (e.g. telephone/ zoom)
• Employment Tribunals:

  • The panel is lead by the Tribunal Judge, who is a legally qualified specialist who will deal with Employment Tribunals on a daily basis.
  • Role of the Tribunal Judge:
  • Managing the case - deciding which documents, evidence and witnesses are needed by each party before the Tribunal happens.
  • Encouraging co-operation of the parties
  • Helping settlements
  • Managing progress of the case
  • Ensuring a fair hearing
• Employment Tribunals:

  • Role of the Tribunal Judge:
  • Providing a written judgement for the decision of the case.
  • The panel has the power to impose:
  • Fines
  • Penalties
  • Compensation
  • An order for the losing side to pay legal fees of the winning side (although this is uncommon - only happening in around 1% of cases)