Employment Tribunals
What is an Employment Tribunal?
An Employment Tribunal is a judicial body whose role is to make decisions and judgments relating to employment rights in disputes between employers and employees where the dispute cannot be resolved internally. They are not as formal as other courts, although they do expect that those before them will give evidence on oath and it will still be perjury if you lie to the Tribunal.
It is normal for cases to be heard by a panel of three people - a chairperson who will be legally qualified and two other, non-legally qualified, members referred to as ‘lay members’. The chairperson will sometimes sit alone to hear legal arguments, whilst the lay members are there to bring their general experience of the employment world to assist in judging the facts.
When is an Employment Tribunal used and how much does it cost?
Wherever possible, employers and employees are encouraged to resolve their work related disputes in the workplace, either face to face or using the services of a union representative or member of the HR department. It is only when that ceases to be possible that the matter should be regarded as being suitable to be dealt with by the Tribunal.
Initially, all disputes should be dealt with through the employer’s internal grievance and disciplinary process and the Tribunal will not, in most cases, even consider a claim that has not gone through internal processes first.
However, you cannot afford to let that process drag on too long as their time limits upon when a dispute needs to be brought to the Tribunal. Usually you will have to bring a dispute to the Tribunal within 3 months of the date upon which the incident occurred or you became aware of the incident having caused a problem.
Normally there is no cost in making a claim to the Tribunal. However, if you want to be represented at the hearing then you may have to incur the cost of employing a solicitor. If the matter is a complicated one, or if there are difficult issues of law which will need to be discussed then you may be better having legal representation. employmentlawhelp will be happy to advise you as to whether this is the case. Contact us on 084 4804 4800 today.
