What is an Employment Tribunal-How It Works?

An employment tribunal is basically a committee that has been given the constitutional right to hear disputes that concerns employees and employers. Among the many countries that practice this kind of public statutory jurisdiction are United Kingdom, especially England and Wales, as well as Scotland.

These days, there are already some Asian countries that follow the same lead—although they have a different name for this kind of public bodies. One of the best example is Hongkong, which was a colony of Great Britain in the past. Its tribunal is dubbed as Labor Tribunal. In concept according to Staff handbook context 2016, it is also near labor unions which many democratic countries allow employees to take part.

How it works

In the United Kingdom, Employment Tribunals are part of the country’s tribunal system. The system, in turn, is administered by United Kingdom’s Tribunals Systems. Everything that happens here undergo the direct supervision of the Administrative Justice and Tribunals Council.

If there is a need to regulate, this is the council that will have to sat through and oversee the proceedings. In short, this dispute hearing public body is basically part of the Justice system of the country.

The United Kingdom has separate tribunals for employment for the Kingdom of Scotland and the Kingdom of England and Wales. A dispute that is being heard in Scotland cannot be tried again or at the same time in England and Wales. The justice system allows transfer of proceedings between the two jurisdictions, though.

To date, the same Rules of Procedure are being used in these two separate tribunals but there are also references to the nomenclature of each jurisdiction’s civil law. For example, the Scottish Employment Tribunal uses and follows the civil law of the Scots while the other kingdom also uses their very own civil laws.

Disputes:

The Secretary of State constitute the operation of the Tribunal, and if there will be an appeal on any dispute, the Employment Appeal Tribunal’s provided Rules will be used to hear and try a public case. Claims are presented in a form which can be electronically or physically delivered.

The Tribunal is very strict. If the claim form is presented late, which does not matter if the same happens in seconds only or more, the Tribunal has the discretion to disallow proceedings. This can also be a valid reason for the hearing body to dismiss a dispute without even taking the merits of the case via Pre-Hearing Review or the likes.

There are a lot of disputes that the Employment Tribunal can hear. Among these things are employment discrimination, redundancy payments, and of course, unfair dismissal. If the party is in the defense side, the Tribunal requires a response form.

Just like in the case of the claims, if the presentation of the form is late even for just a few seconds, the Tribunal has the right to bar the presenter to take part in the proceedings. This will allow the proceeding to move forward with the defense party continue without any defense.

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