Q. What sort of body is an
employment tribunal?
A. Each
tribunal normally consists of a
chairman who is a lawyer and two
other members, one from a panel of
members representing employers, and
the other from a panel of members
representing employees. In certain
circumstances however it may consist
of a chairman sitting alone or with
just one lay member. Tribunals hold
most of the hearings in their own
offices, which are situated in the
larger towns and cities.
Q. What is a preliminary hearing?
A. This may be arranged, before
the substantive case is heard, to
enable a tribunal to determine any
issue relating to the entitlement of
any party to bring or contest
proceedings to which the originating
application applies. Any of the
parties may apply for such a
hearing, or it may be convened at
the decision of the tribunal, but
notice must be given to all parties
in writing and an opportunity given
to advance oral argument before the
tribunal.
Q. What is a pre-hearing review?
A. A full tribunal, or a chairman
sitting alone may conduct a
pre-hearing review of a case in
advance of the full tribunal
hearing. If it appears that the case
has little prospect of success
either party may be ordered to pay a
deposit of up to £500 as a condition
of continuing to proceed with, or
defend the case.
Q. What happens at the hearing?
A. If the complaint is not
settled or withdrawn at an earlier
stage, it proceeds to a full hearing
by an employment tribunal. At the
hearing, tribunals try to keep their
proceedings as simple and informal
as possible. Many applicants and
respondents put their own cases to
the tribunal although some choose to
have a representative who may be a
lawyer, trade union official,
representative of an employers'
organisation, or simply a friend or
colleague.
The tribunal clerk explains the
procedure to the parties before the
case begins and the chairman will
assist both parties in putting their
case as the hearing proceeds. The
tribunal will normally give both
parties the opportunity to present
their respective cases and question
their own and the other party's
witnesses. The tribunal panel may
ask questions of the parties or
their witnesses. It is in the
interest of both applicant and
respondent to attend the hearing. If
one party is neither present nor
represented, the tribunal may decide
the case in their absence, after
considering any written
representations made. In some cases
a tribunal finds it very difficult
to reach a decision if a party does
not attend and may adjourn the case.
A tribunal may dismiss an
application if the applicant fails
to attend without explanation.
Tribunal hearings are generally
completed in one day. Decisions may
be by majority vote, but in fact
nearly all are unanimous. The
tribunal usually announces its
decision and the reasons for it
straight away. A written decision is
also sent to the parties, generally
within three to six weeks. Both
parties have a right to ask for a
review of the decision and a right
to appeal against the tribunal's
decision, on a question of law, to
the Employment Appeal Tribunal.
Information on how to apply for a
review of the decision, and how to
appeal, is sent to the parties with
the tribunal decision.
Q. Is any financial assistance
available for tribunal hearings?
A. Legal aid is not available at
employment tribunals, but some
employees may be able to claim a
limited amount of free advice under
the legal advice and assistance
scheme. This does not cover the cost
of a legal representative at the
hearing.
Allowances are available from the
tribunal office to cover the cost of
travel to a hearing and other
expenses both to the applicant and
respondent, to the witnesses called
and to representatives, including
members of Citizens Advice Bureaux,
but not full-time officials of
employers' organisations or trade
unions, barristers or solicitors or
any other paid or unpaid
professional person or organisation
or organisations who represent
parties as opposed to acting as
their witnesses. Loss of earnings
may also be paid up to a maximum.
The tribunal can provide details of
the current rate on the day of a
hearing.
Q. What remedies may the tribunal
order?
A. If the tribunal finds that the
dismissal was fair, it will dismiss
the application. If it finds the
dismissal unfair, the tribunal will
normally order that:
- the employee be reinstated
by the employer in the same job
(see Order for reinstatement or
re-engagement); or
- the employee be re-engaged
by the employer in a different
job (see Order for reinstatement
or re-engagement); or
- the employer pays a sum of
money to the employee in
compensation (see How awards of
compensation are worked out).
Orders for reinstatement or
re-engagement normally include an
award of compensation for loss of
earnings.
Q. Do employment tribunals make
awards of costs?
A. Costs (expenses in Scotland)
are not normally awarded in
employment tribunal cases. They can
be, however, if the tribunal decides
that a party has acted frivolously,
vexatiously, abusively, disruptively
or otherwise unreasonably in
bringing or conducting the case.
Costs of an adjournment or
postponement may also be awarded
when the adjournment or postponement
was requested at the last minute by
either party with no good reason or
where it is necessary because a
party has not come prepared to deal
with issues which may be expected to
arise at the hearing.
Q. What is the ACAS arbitration
alternative to the tribunal?
A. ACAS has been given the power
to provide an arbitration scheme for
unfair dismissal disputes. This
scheme started on the 21 May 2001
and is a voluntary alternative to
the tribunals. Separate guidance can
be obtained from ACAS.
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