EMPLOYMENT TRIBUNALS
Employment Tribunals have regional offices throughout England, Wales and Scotland. In Northern Ireland the Tribunals that deal with most employment disputes are Industrial Tribunals whilst the Fair Employment Tribunals deal with matters of religious or political discrimination.
To commence Employment Tribunal proceedings, claimants need to complete a Claim Form (ET1) within the prescribed time periods. Upon receipt, the employer will be required to complete a Response Form (ET3), confirming that they intend to defend the claim made against them. From this point the matter will then ultimately be listed for a Tribunal hearing to determine the outcome of the case.
At any such hearing, the Tribunal itself is constituted of a legally qualified chairman and two lay members drawn from industry, from both an employer and a Trade Union background. Court rules apply at such hearings and witnesses are required to give evidence on oath and can be cross-examined by the other party.
The decision of Tribunals can be pursued through the court system and many cases proceed to the Employment Appeal Tribunal, the Court of Appeal and the House of Lords and increasingly to the European Court of Justice.
Tribunals have the power to make a range of awards and or declarations in each of the areas for which they have jurisdiction.
In advance of a full hearing to determine the merits of a case, Tribunals may arrange preliminary hearings or case management discussions to consider specific issues, prior to the full hearing, of the matter and often allocate hearings to deal with directions as to how a case should proceed.
If it appears to the Tribunal that the case of either party has no reasonable prospects of success, it can arrange a pre-hearing review. There are practical considerations to be addressed in this situation, but it can lead to the Claim or Response being struck out.
In unfair dismissal cases, Tribunals can award compensation in the form of a basic award, calculated on a fixed formula, together with a compensatory award of the applicant's losses from the hearing back to the date of dismissal and also from the hearing into the future.
Although there are limits on the awards in certain cases, many types of claim, particularly ones concerning discrimination, have no upper limit on the amount that the Tribunal can award.
Caution: This statement gives basic information on Employment Tribunals. Please contact the Advice Line for specific advice. Contact Us
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