Employment Tribunals

Employment Tribunals (formerly ‘Industrial Tribunals’) were first established by the Industrial Training Act 1964, and were set up throughout England, Wales and Scotland as a type of court suitable for hearing matters arising out of industrial relations legislation, generally in respect to the rights of individual employees. The decision of one employment tribunal is not binding on another tribunal or court, although it may be persuasive.

• An employee who feels that they have been unfairly treated by the employer (in terms of dismissal, discrimination etc.) can bring a claim before an Employment Tribunal.
• Claims must, generally, be brought within 3 months of termination of employment.
• Employees do not need one-year service in order to bring a claim.
• Employees can resign and claim “constructive” unfair dismissal.
• Claims can be brought to tribunal by a worker whilst still employed. Such a worker could claim automatic unfair dismissal if dismissed for going to tribunal.
• The case can be heard in the absence of either party.
• Legal aid is not generally available.
• Except in certain cases, the “burden of proof” will be upon the employer.
• Costs can be awarded to either side.
• Appeals against Tribunal decisions can only be made on points of law.
• Appeals from an employment tribunal are to the Employment Appeal Tribunal (EAT). The division of the EAT for England and Wales sits in London; the Scottish division sits in Edinburgh. The EAT’s decisions create legal precedents and are binding on employment tribunals.
• Use of forms IT1 and IT3 is mandatory. These forms may also have to be accompanied by certain documents, e.g. the written statement of particulars.
• Determination without a hearing. Cases can be determined without a hearing where both parties have consented to this after taking independent legal advice.

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