Employment tribunal
Encyclopedia
Employment Tribunals are tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....

 non-departmental public bodies in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 which have statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

 jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal
Unfair dismissal
Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996...

, redundancy payments
Layoff
Layoff , also called redundancy in the UK, is the temporary suspension or permanent termination of employment of an employee or a group of employees for business reasons, such as when certain positions are no longer necessary or when a business slow-down occurs...

 and employment discrimination
Employment discrimination
Employment discrimination is discrimination in hiring, promotion, job assignment, termination, and compensation. It includes various types of harassment....

. The Tribunals are part of the UK tribunals system, administered by the Tribunals Service
Tribunals Service
The Tribunals Service was an executive agency of the Ministry of Justice in the United Kingdom between April 2006 and March 2011.The Tribunals Service was responsible for:*Adjudicator for HM Land Registry*Asylum and Immigration Tribunal...

 and regulated and supervised by the Administrative Justice and Tribunals Council
Administrative Justice and Tribunals Council
The Administrative Justice and Tribunals Council is a non-departmental public body in the United Kingdom, responsible for supervising and regulating administrative justice and tribunals...

.

History

Employment Tribunals were created as Industrial Tribunals by the Industrial Training Act 1964. Industrial Tribunals were judicial bodies consisting of a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

, who was the chairman, an individual nominated by an employer association, and another by the Trades Union Congress
Trades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in the United Kingdom, representing the majority of trade unions...

 (TUC) or TUC-affiliated union. These independent panels heard and made legally-binding rulings in relation to employment law disputes. Under the Employment Rights (Dispute Resolution) Act 1998
Employment Rights (Dispute Resolution) Act 1998
The Employment Rights Act 1998 is a United Kingdom Act of Parliament which regulates UK labour law. The 1998 Act empowered the Advisory, Conciliation and Arbitration Service to create arbitration hearings as an alternative dispute resolution mechanism to the employment tribunals.-Overview:The...

, their name was changed to Employment Tribunals from 1 August 1998. Employment Tribunals continue to perform the same function as the Industrial Tribunals.

Procedure

There are separate Employment Tribunals for Scotland, and for England and Wales. A claim may not be presented in Scotland for proceedings in England and Wales, and vice versa, but it is possible to transfer proceedings between the two jurisdictions in certain circumstances. Since 2004, the same Rules of Procedure have governed both jurisdictions, with references to the appropriate civil law nomenclature differences between them. Scottish Employment Tribunal practice follows Scots civil law, and differs markedly from the procedure used in England and Wales.

Employment Tribunals are constituted and operate according to statutory rules issued by the Secretary of State
Secretary of State (United Kingdom)
In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....

. These rules, known as the Employment Tribunals Rules of Procedure, set out the Tribunals' main objectives and procedures, and matters such as time limits for making a claim, and dealing with requests for reviews. The Rules for appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

s are governed by the separate Rules of the Employment Appeal Tribunal
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...

.

A party making a Claim has to present (i.e. physically deliver) a valid Claim Form, on a prescribed form, to an Employment Tribunal office within the appropriate time limit. A Claim Form can be presented electronically (over the internet or by e-mail). If a Claim Form is late, even by a few seconds, then the Employment Tribunal may not be permitted to hear it and the claim may be dismissed on that basis alone, without a consideration of the merits, at a Pre-Hearing Review.

A party defending a claim has to present a Response Form (a prescribed form) to the Employment Tribunal handling the claim within 28 days of being sent the Claim Form by the Employment Tribunal. If a party fails to present a Response Form, then it will be debarred from taking part in proceedings, which may proceed undefended.

The Employment Tribunals are expected to reject a Claim Form or a Response Form if it is not provided on a prescribed form. Also, certain information must be provided on the form for it to be valid and accepted.

The rules concerning time limits are complex but the typical time limit for making a claim is three months from the date of the act complained of, such as being unfairly dismissed or not being paid wages. The Employment Tribunals may grant an extension of time to bring a complaint if certain conditions are met, the test that applies depends upon the complaint with three broad categories. A complaint of Unfair Dismissal, breach of contract, unlawful deduction from wages and other similar claims can only be considered if it was not reasonably practicable for the complaint to have been presented before, and if the complaint is presented within a reasonable time thereafter. This is a matter of evidence for the person bringing the claim . In discrimination complaints, the time limit is less strict, and a claim may be heard if it is late if it is considered to be just and equitable to do so.

Time limits of six months apply for claims for Equal Pay (taken from the end of employment with no extensions at all), and for a redundancy payment (with a consideration as to whether or not it was reasonably practicable to present the claim in time).

Claims are normally initiated by individuals, and normally responded to by employers, or former employers, or trade unions. The terms "claimant" and "respondent" are used to describe the parties involved in Tribunal proceedings. Normally each party pays its own costs. Tribunals will order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...

 one party to pay the other party's costs in exceptional circumstances, where it is claimed that one party has claimed vexatiously
Vexatious litigation
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a...

.

If a former employee brings a claim for breach of contract, then the defending employer has a limited right to bring a counter-claim for breach of contract against a former employee. However, an employer may not bring a claim for breach of contract if an employee is complaining simply of Unfair Dismissal (which is not a claim for breach of contract but a statutory claim). In all cases, the Employment Tribunal may not award damages that exceed £25,000 for all claims for breach of contract.

One peculiarity of the Employment Tribunals is that a claim for breach of contract cannot be brought until the employee's employment has ended, and a claim can only be brought if it arises or is outstanding on the termination of employment. The Employment Tribunals also can only hear certain types of claim for breach of contract, under the Employment Tribunals (Extension of Jurisdiction) Orders 1994, which are Statutory Instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...

s. There are two Orders, one for Scotland and one for England and Wales.

Both an employer and an employee may bring claims for a reference to be made to an Employment Tribunal for a declaration as to the contents of a statement of particulars of employment, which may arise if there is a dispute as to the content of a contract.

Tribunals are intended to be informal and to encourage parties to represent themselves
Litigant in person
A litigant in person, in the United Kingdom, is an individual, company or organisation that is not represented in court by a solicitor or barrister, but nevertheless has rights of audience...

. There is no special court dress
Court dress
Court dress comprises the style of clothes prescribed for courts of law, and formerly for royal courts.- Where court dress is worn :Court dress is worn at hearings in open court in all Senior Courts of England and Wales and in county courts. However, court dress may be dispensed with at the option...

 or complex civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

 rules as at a County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...

.

The confidential use of conciliation is encouraged, and parties have an ACAS
ACAS
ACAS may refer to:In aviation:* Airborne Collision Avoidance System, an International Civil Aviation Organization standard* Assistant Chief of the Air Staff, a senior appointment in the Royal Air ForceIn other fields:...

 officer assigned to most claims to assist the parties in reaching a binding agreement to end the claim. All communications with ACAS are subject to privilege and are confidential unless the party waives that right. The parties may also settle a claim by a Compromise Agreement, or, if at a hearing, by drawing up a Tomlin Order
Tomlin order
A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order. The order permits either party to...

 and asking the Employment Tribunal to agree to the disposal of the case in accordance with that Order.

If a person habitually and without reasonable excuse brings vexatious proceedings in the Employment Tribunals, a government law officer may apply to the Employment Appeal Tribunal for an Order declaring that person to be a vexatious litigant, which has the effect of barring that person from bringing further proceedings in the Employment Tribunals without the consent of the Employment Appeal Tribunal.

Hearings

Prior to a hearing case management
Legal case management
The terms Legal case management or matter management refer to a subset of law practice management and cover a range of approaches and technologies used by law firms and courts to leverage knowledge and methodologies for managing the life cycle of a case or matter more effectively...

 may take place to hand down directions as to how the full hearing will be heard. This can be by one of several means, either through correspondence between the parties and the Employment Tribunal or in a Case Management Discussion (CMD). An increasing number of Case Management Discussions take place by telephone
Telephone
The telephone , colloquially referred to as a phone, is a telecommunications device that transmits and receives sounds, usually the human voice. Telephones are a point-to-point communication system whose most basic function is to allow two people separated by large distances to talk to each other...

.

The Employment Tribunals Rules of Procedure allow for several types of hearing:

(i) A Case Management Discussion; (this is used to clarify issues and determine the Directions for a case).

(ii) A Pre-Hearing Review (to determine the entitlement of a party to bring or defend proceedings), or an entitlement to Interim Relief (a form of preliminary finding in certain types of claim involving Trade Union activities or making a protected disclosure (whistleblowing), which may order a former employer to continue to pay a dismissed employee until a full hearing;

(iii) A Full Hearing (which may determine liability and/or remedy):

(iv) A Review Hearing (to re-consider a Judgment).

If the case proceeds to a full hearing, the case is heard, subject to certain exceptions, by a Tribunal of three people, a legally-qualified Employment Judge, and two lay members. The lay members use their employment experience in judging the facts. During the hearing the Employment Judge is under a duty to ensure that the hearing is conducted fairly, taking into account both sides' submissions on the law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...

 and facts
Question of fact
In law, a question of fact is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles...

. Generally witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...

es are called for both sides with witness statement
Witness statement
A witness statement is a statement summarising the oral evidence that a witness will give at trial. The purpose the witness statement is to set out the evidence of the witness; in some jurisdictions the statement will stand as the evidence in chief of the witness , and the trial will simply...

s being supplied in advance. However Civil Court Procedure is different in Scotland where there is no provision for written witness statements. Each witness will give their evidence in chief orally.

A claim (or part of it) may be determined at a Pre-Hearing Review and a Judgment may be issued to either dismiss a case or to allow it to proceed to a hearing. Once a Judgment is issued in respect of a particular matter, that matter is determined and, subject to an appeal or a review, it cannot be re-opened.

One of the lay members should have experience from the employer's side of disputes and the other from the trade union movement. Sometimes the Employment Judge sits alone, for example, to hear preliminary legal arguments or in a case involving a claim for unpaid wages. The Employment Tribunals Rules of Procedure govern the circumstances in which an Employment Judge may sit alone.

A party bringing a claim does have the right to withdraw a claim by writing in to inform the Tribunal at any time, to bring the claim to an end. A withdrawal can be done verbally at a hearing. A party may still be liable for the other sides costs after a withdrawal.

Reviews and Appeals

A party may apply to the Tribunal that has issued a Judgment requesting a review of that Tribunal's own decision or Judgment. A Tribunal may also review its decision of its own motion. Reviews may be granted where an error is relatively minor, for example a clerical error, under Rule 37 of the Rules of Procedure (known as the "slip rule"), where an obvious and important mistake, such as the name of a party being incorrectly spelt in the heading, appears in the Judgment. The Tribunal will then issue a Certificate of Correction, to state the alteration to the Judgment.

Where a party believes the Tribunal has misapplied the law or acted perversely, the review process is inappropriate and the party must appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

 to the Employment Appeal Tribunal
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...

. For example the right of an Employment Judge to strike-out all or part of a claim while sitting alone in a Case Management Discussion would be outside the power of the Employment Judge, and therefore amount to an error of law that the Employment Appeal Tribunal could reverse.

Parties are expected to comply with strictly enforced time limits when applying for a review or appeal. The time limit for a Review application is within 14 days of the Judgment being issued, with a discretion to extend the time limit on a just and equitable basis.

For an appeal to the Employment Appeal Tribunal against a Judgment (but not an Interim Order), a valid Notice of Appeal must be lodged at the relevant office of the Employment Appeal Tribunal (London or Edinburgh) by 4 pm on the 42nd day after the Employment Tribunal issued its written reasons for the Judgment. This time limit is strictly enforced and appeals are often rejected due to the time limit being missed or an incomplete Notice of Appeal being lodged (for example, if one page of the Judgment is missing, the Notice of Appeal is invalid). An interim Tribunal order must be appealed within 14 days, and reasons must be provided (which may need to be asked for at the original hearing).

Administration

The Ministry of Justice
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...

 operates the Employment Tribunals Service which is a branch of the Tribunals Service. The Tribunals Service maintains a list of claims in which Tribunals have jurisdiction.

Statistics

The Employment Tribunals Service published its Annual Report and Accounts for 2005-06 in July 2006 which included these key points:
  • In 2005/2006, there were 115,039 claims accepted, compared with 86,181 in 2004/2005 and 115,042 in 2003/2004.
  • 18% of claims were successful at a full hearing in 2005/2006; the remainder were either settled, withdrawn, unsuccessful or otherwise disposed of.
  • The median
    Median
    In probability theory and statistics, a median is described as the numerical value separating the higher half of a sample, a population, or a probability distribution, from the lower half. The median of a finite list of numbers can be found by arranging all the observations from lowest value to...

     award for unfair dismissal was £4,228; the average award was £8,679.
  • The median award for discrimination was between £5,546 and £9,021 (depending on the type of discrimination).
  • Costs were awarded against claimants in 148 cases, and against respondents in 432 cases. The median costs award was £1,136.
  • 867 Employment Tribunal decisions were appealed to the Employment Appeal Tribunal
    Employment Appeal Tribunal
    The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...

    . Of those, 191 were withdrawn, 378 were dismissed and the remaining 298 appeals were allowed.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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