Emplyment Laws

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  • Topic: Employment Appeal Tribunal, Court, Employment
  • Pages : 7 (2400 words )
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  • Published : March 26, 2013
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Employment Tribunals
History:
In 1964 Minister of Labor statutory introduced Industrial training act according to the act industrial training boards will have representatives overseeing overall quality of industrial training. Along with this act employment tribunals created in same year. Purpose of employment tribunal is to serve disputes between employee and employer. Employment tribunals are not technically like traditional courts with judges with wearing wigs etc. Firstly these are used to be called as industrial tribunals later renamed as Employment rights act 1998 (dispute resolution). Now employment tribunals are administered under HM courts & Tribunal service, and ministry of justice are organized. Throughout UK there are 27 regional offices that deal with claims locally. Even employment tribunals not like courts nut they have legally qualified person along with him two others in the tribunal are one represents employer’s organization and other representing trade union. Tribunals have to deal with wide areas of employment law most common allegations are concern with employee common problems such as redundancy, breach of employment protection rights, equal pay, unfair dismissal and discrimination claims etc. Employment tribunal act introduced to protect employee rights intended to give quick and cheap informal way of enforcing rights it has become an alternative way to traditional court system which is too slow, complex and also expensive to provide. Structure and function of Employment tribunal:

Employment tribunal claims are mostly are not complicated required decisions are based on practical experience and knowledge of work place such as claims are fair or not, reasonable or un reasonable. To decide these kinds of allegations rather than court system with judge and jury, better way is to have chairman with legal background and representatives of both party’s employee and employer. Having no legal representative unlike court is not only cheaper but also quicker resolution of the dispute in fair way with work related experience that he had and dispute solved without involvement of complicated legal arguments. Employment tribunals are independently acting judicial bodies similar to court but are less formal, as tribunals don’t give legal advice, unlike court system hearings are open, under affirmation or oath evidence will be given. Often before hearing both employee and employer can ask ACAS (Advisory, Conciliation and Arbitration Service) conciliator to go for pre claim conciliation, meaning before hearing both try to resolve the issue formally or informally. Disadvantage is when inexperienced representatives are in tribunal may not understand dispute background that leads to damage the case. In some cases more intervention like chairman then case proceedings may take longer than necessary. In recent years employment law has become bit complex as potential compensations has increased. There are typical time limits to make claims such as three month limit is to from the date act in case of not being paid or unfair dismissal etc. for equal pay and redundancy payment claims typical time limit is six months. Proceeding costs normally pay by their own in some exceptional cases one party pay for other party where claim is Vexatious litigation, these kinds of claims tribunal award towards cost has increased from 10000 pounds to 20000 pounds on 6th April 2012. Now 64 jurisdictions that employer can find in an Employment Tribunals. Tribunals has limit of 25000 pounds claim in breach of contract. Tribunals are informal intended to encourage parties to their own representation without dress code and civil procedure. Hearing

During case hearing time both parties will be given directions how hearing will proceed. Increase in number of CMD (case management discussion is to clarify issues) discussions by telephone. Steps in case hearings as follow are pre hearing review is to decide entitlements of employee from his...
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