iii)Employment tribunals + ADR

What is an employment tribunal?

A specialist court-like judicial body that resolves disputes between employers and employees about employment rights.

What types of disputes do employment tribunals deal with?

Disputes about employment rights such as discrimination at work, unlawful wage deductions, breach of employment contracts and equal pay disputes.

What is a tribunal?

A specialist judicial body designed to deal with a specific area of law and resolve disputes by applying the law.

What is the usual structure of an employment tribunal?

Normally a panel of three: an employment judge, a lay member representing employees and a lay member representing employers.

What is the role of the employment judge?

A legally qualified judge who leads the tribunal hearing and manages the case.

What is a lay member in an employment tribunal?

A person with practical experience in employment relations who represents either employees or employers.

Why are lay members included in employment tribunals?

They provide practical workplace expertise and balanced perspectives from both employee and employer sides.

Can employment tribunal cases sometimes be heard by only one judge?

Yes, simpler cases may be heard by only the employment judge without lay members.

What are the characteristics of employment tribunals?

Less formal setting, open to the public, both parties present their case, witnesses can give evidence and be cross-examined.

What is the decision made by a tribunal called?

The decision is called an award rather than a judgement.

Are employment tribunal decisions binding?

Yes, decisions are binding and can be enforced by courts if not followed.

What is ACAS?

The Advisory, Conciliation and Arbitration Service, an independent organisation that helps resolve employment disputes.

What is early conciliation?

A process where ACAS helps parties attempt to settle an employment dispute before a tribunal claim is made.

What is the purpose of early conciliation?

To resolve disputes without a full tribunal hearing and save time and cost.

What form is used to start a claim in an employment tribunal?

The ET1 form.

What must a claimant include in an ET1 form?

The details of the claim, reasons for the complaint and the compensation sought.

How long does the employer have to respond to a claim?

The employer has 28 days to respond once the claim form is received.

What happens at the tribunal hearing?

The tribunal considers legal arguments, examines evidence and hears witness testimony before making a decision.

What remedies can an employment tribunal award?

Compensation, reinstatement or re-engagement.

What is reinstatement?

When the employee is given their original job back.

What is re-engagement?

When the employee returns to a similar job with the employer.

Where are employment tribunal appeals heard?

In the Employment Appeal Tribunal (EAT).

What can be appealed to the Employment Appeal Tribunal?

Only points of law.

What further appeals can occur after the EAT?

Further appeals may go to the Court of Appeal or the Supreme Court.

What is ADR?

Alternative Dispute Resolution, methods used to resolve disputes without going to court.

What are the main aims of ADR?

To resolve disputes more quickly, cheaply and informally than court litigation.

What are the four main ADR methods?

Negotiation, mediation, conciliation and arbitration.

What is negotiation?

When the parties communicate directly with each other to reach an agreement without a third party.

What is mediation?

A neutral mediator helps the parties discuss the dispute and reach a voluntary agreement but does not impose a decision.

What is conciliation?

A neutral conciliator plays a more active role than a mediator and may suggest solutions to help parties reach agreement.

What is arbitration?

A neutral arbitrator hears both sides and makes a binding decision called an award.

What is a Scott v Avery clause?

A contract term requiring parties to use arbitration before taking the dispute to court.