EMPLOYMENT TRIBUNAL CASES

Unfortunately, workplace disputes are widespread. Instances occur at all levels of business and in all walks of life. Employment tribunal cases aim to resolve workplace disputes. Complaints, officially called applications, are considered on a range of matters.

Grievances dealt with include unfair dismissal, unfair redundancy, harassment and discrimination. Disputes over wages and working conditions are also handled at employment tribunals. A comprehensive list of topics dealt with is called a “jurisdiction list” and is available from local tribunal offices.

Tribunals are similar in nature to Courts of Law, however proceedings and outcome are less formal than the courtroom. Hearings are held at dedicated offices throughout the country. A panel of three government-appointed board members conducts each case. The board consists of a Chairman and two officers acting independently to listen to both sides of the complaint. The board does not exist to enforce the law.

The Employment Appeal Tribunal (EAT) system was created by the Employment Protection Act 1975 and was designed to deal with appeals from the Employment Tribunal. In the main claims can only be forwarded to the EAT when a point of law is being appealed against and parties must act within strict time limits in order to appeal or the case will be dismissed.

An EAT is presided over by a panel consisting of a judge, appointed by the Lord Chancellor, and lay workers with experience in employer relations. There are seven EAT courts in Britain.

A solicitor or a member of the relevant trade union usually represents employees during proceedings. In certain cases, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission have the power to represent the claimant. An employee can choose to represent him or herself. It is especially important for anyone choosing to represent themselves that they gain expert legal advice in advance.

Both parties usually attend the appeal of employment tribunal cases. An EAT panel accepts written statements in cases where attendance is not possible.

The EAT admits new evidence in exceptional circumstances. New evidence will only be considered when it meets two conditions. Firstly, the information presented could not have reasonably been known at the time of the original hearing and, secondly, the evidence has an important affect on the hearing.

If you believe you have a claim, it is important to get advice from a solicitor specialising in this field. The specialist knowledge of an expert solicitor is vital in pursuing a claim to the best conclusion. If you would like advice just telephone us for a free initial consultation.

We are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreements
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation

Whilst financial assistance in the form of legal aid is not available for a normal employment tribunal case it is available in the EAT for Claimants that satisfy the necessary financial requirements. If you believe you have a claim or if you are an employer facing a potential claim against you please ring us for a free initial consultation.