employment tribunals

what are tribunals

• they exist alongside the court system

• some matters have to be heard by a tribunal and cannot be dealt with in a court

• employment tribunals deal with solely employment issues but there are other tribunals for landlord tenant claims

• in addition there are forms of ADR which exist to solve disputes without court or tribunal process

employment tribunals

• these deal with issues such as unfair dismissal, discrimination in the workplace or redundancy

• sits in its own building and is more informal

preliminary matters

• a claim on employment has to be brought within three months, less one day, from the event - for example dismissal

• in most cases the advisory conciliation and arbitration service must be contacted within this time for early conciliation to see if there can be resolution only if the matter cannot be solved there will be a claim issued

• most claimants obtain advice on the strength if the case before issuing a claim though it is possible for a claimant to take their own case get advice from specialist lawyer or trade union

• the claim must have detailed reason and must be filled within the time limit there is no fees

• this will then be passed to the employer who will have an opportunity to comment on it

the hearing

• held in tribunal room panel made up of

• a judge specialised in employment law who runs proceedings

• one person representing the employer

• one person representing the employee

if preliminary is needed it takes place with only a judge

in the full hearing evidence is taken under oath their are rules about procedure and evidence, either side an have a lawyer or represent themselves

• hearings are open to public

• they are generally short as most of the issue will have been identified beforehand and the panel will have read the papers

• panel either decide the verdict on the day or later in writing

what happens after the hearing

a collective decision of the panel will be delivered in writing

• if ruled in favour of the employee they may encourage a settlement, reference and compensation

• if a settlement cant be reached tribunal can award compensation

• if the claim is lost employee has to pay employers costs though they will be responsible for any lawyer used

• if either side is dissatisfied they have 2 weeks and can ask for review

appeals

• either side can appeal within 42 days to an employment appeal tribunal but only on a point of law

• further appeals can be made to the court of appeal civil division and the supreme court but only with permission from the employment appeal tribunal