Employment tribunals are tribunal public bodies in both England and Wales and Scotland that have statutory jurisdiction to hear disputes between employers and employees.
The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination.
The tribunals are part of the UK tribunals system, administered by the HM Courts and Tribunals Service, an executive agency of the Ministry of Justice.
History
Employment tribunals were created as industrial tribunals by the Industrial Training Act 1964. Industrial tribunals were judicial bodies consisting of a lawyer, who was the chairman, an individual nominated by an employer association, and another by the Trades Union Congress (TUC) or by a 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, their name was changed to employment tribunals from 1 August 1998. Employment tribunals continue to perform the same function as the industrial tribunals.
Jurisdiction and remit
Legal systems
There are separate employment tribunals for Scotland and for England and Wales, because Scots civil law differs dramatically from English civil law.
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.
Statutory remit
Employment tribunals may hear claims brought within three months for issues related to ‘’statutory’’ breaches only. The statutory breaches are listed below:
Action can also be brought under a number of other statutes:
the Working Time Regulations for issues related to rest breaks, rest periods, detriments for failure to work in excess of the maximum time etc. the National Minimum Wage Act 1998 the Employment Relations Act 1999, for failing to allow workers to be accompanied at disciplinary or grievance hearings the Transfer of Undertakings (Protection of Employment) Regulations 2006
Procedure
Employment tribunals are constituted and operate according to statutory rules issued by the Secretary of State. 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.
Since 2004, the same rules of procedure have governed both England and Wales and Scotland, with references to the appropriate civil law nomenclature differences between them.
The rules for appeals are governed by the separate Rules of the Employment Appeal Tribunal.
Formality
Tribunals are intended to be more informal than courts. Claims are brought and defended by people with professional legal representation, lay representation (eg by a friend or relative), or no representation at all. People are free to represent themselves if they wish, and they may be accompanied if they wish.
The rules of procedure used by Employment Tribunals are less formal than the rules followed in the courts, and are designed to give flexibility in ensuring that each case is determined fairly and justly. Where appropriate, Employment Tribunals can adjust their procedures to ensure effective participation by people with a disability or a vulnerability.
There is no special court dress or complex civil procedure rules as at the County Court.
Reasons for decisions
The overriding rule on the provision of reasons for a tribunal's decision is set out in these terms:
Reconsideration and appeals
The Rules of Procedure make provision for a judgment to be reconsidered if it is in the interests of justice to do so, where an application is made in writing within 14 days of the date of the written Judgment. Upon reconsideration a judgment may be confirmed, varied (ie changed) or revoked.
Applications with no reasonable prospect of success are rejected on paper. Those with a reasonable prospect are generally determined at a reconsideration hearing.
Failing this, decisions can be appealed to the Employment Appeal Tribunal.
Judiciary
An Employment Tribunal hearing will always be chaired by a judge (known as an Employment Judge). The lead Employment Judge in their jurisdiction is called the President of Employment Tribunals. The current Presidents are: