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The Employment Tribunal (UK)



After the employer's own processes, such as disciplinary hearings and internal appeals, have been exhausted, employment law cases usually start by the aggrieved employee presenting a complaint to an Employment Tribunal (ET). These (as Industrial Tribunals) were set up under the 1964 Industrial Training Act, although they now have a substantially greater role and do count as courts. They have sometimes been referred to as industrial juries.


 


A full ET panel consists of a Chairperson (usually an experienced solicitor or barrister) and two "wing members" who are lay persons with skills and experience useful to the Tribunal in making a decision. One wing member will have a background representing employees (typically as a Trade Union officer) and the other will have a background in business (most often as an HR officer.)


 


Preliminary hearings to clarify issues in the case are a frequent part of the Tribunal process: these are typically dealt with by a Chairperson sitting alone.


 


Northern Ireland offers a Fair Employment Tribunal and an Industrial Tribunal. These are administered by OITFET - the Office of the Industrial Tribunal and the Fair Employment Tribunal.


Summary of Tribunal Process

Generally speaking a tribunal will hear specific complaints about an aggrieved party being deprived of their rights, including (but not limited to) unfair dismissal.


 


In short, a claim is submitted, a response is required by a certain deadline, any preliminary issues are dealt with at a case management conference or a pre-hearing review, a period of time is allowed for ACAS (GB) or the LRA (NI) to explore settlement options, and then the tribunal orders are sent out after the ACAS conciliation period has expired leading to a full merits hearing of one or more days. Cases not resolved in their allocated time may be carried over to later date(s) for further consideration of the merits and (if necessary) a separate remedy hearing to discuss the award only. A summary judgment (or Decision) is given at the conclusion, with the parties given a further 14 days to request (unless they ask on the day) 'extended' written reasons behind the judgement.


Complaints to Tribunal and Time Limits

A complaint of unfair dismissal can only be made where there has been a dismissal, so that there is no general right to complain of unfair treatment. An employee may, however, complain at any time that they consider a statutory 'employment protection' right has been infringed. Where this takes place in connection with a dismissal an employee may combine this with their complaint against the dismissal.


 


Except where no qualifying time limit applies (as in the case of 'statutory rights') an employee needs to have worked for their employer for a least a year in order to make a complaint of unfair dismissal to an employment tribunal. In addition, a claimant may raise a complaint of discrimination without claiming dismissal or whilst also claiming dismissal but without one year of service. Claimants with less than one year's service may find their unfair dismissal claim is brought to a pre-hearing review where they are asked to explain why they feel they can bring a claim without a year's service, i.e. dismissal due to a public interest disclosure or for being a trade union member. Most tribunal offices however write to the claimant upon receipt of their claim form telling them that they have 14 days to show why their claim should be heard, otherwise the chairman will strike out the claim.


 


In certain circumstances, an employer's conduct could be such that an employee is entitled to resign in response and to regard that as an unfair "constructive" dismissal. Failure by an employer to extend a fixed term contract can also be an instance where a claim for unfair dismissal may be made.

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