Employment Law and Employment Tribunals

Employment tribunals are where disputes between employers and employees take place after other attempts to resolve a dispute have failed. Employment Tribunals are generally a last resort to sort out problems between employers and employees. It is important to understand how tribunals work so I will be running through various examples end up in a tribunal, how the process works and what kind of other options are out there to settle disputes.

The employment tribunal process:

Employment tribunals consist of a three person panel; a fully qualified judge and two lay people with extensive experience in employment disputes. There is no charge to use an employment tribunal, but there will still be the cost of the solicitor's fees for each party. Cases that have not been claimed against for more than three months since the date of the incident will not be heard, unless there is some kind of unforeseen circumstance. Once a decision about the dispute has been made it is legally binding and both parties will need to by law respect this decision.

Employment tribunal claims

There are various different types of claims that can be taken before an employment tribunal. The most common claims are as follows:

• Redundancy

• Equality issues

• Discrimination

• Unfair dismissal

• Breach of contract

• Constructive dismissal

• Disciplinary procedures

• Maternity or paternity issues


Alternative dispute resolution

When a dispute arises it is always in both parties interests to make sure they try to resolve the situation before taking matter to a tribunal. There many alternative methods of dispute resolution that could diffuse matter much quicker. It is always worth considering the following methods before resorting to the employment tribunal:

• ACAS: The Advisory, Conciliation and Arbitration Service is one of the main methods of pre-claim conciliation. It aims to resolve the issues between parties before going to the tribunal. It offers advice and suggests possible forms of resolution. If the matter is settled through ACAS then a legally binding agreement is signed. If the agreement is breached by either party then the other party will have the right to sue for a breach of the agreement.

• Another useful method for alternative dispute resolution is the Compromise Agreement; this functions as a legally binding settlement, offering compensation or a reference to the disgruntled party. Compensation will be made in exchange for a withdrawal of the claim. You will need to inform the employment tribunal in writing, and the other party involved in the dispute if you agree with to a Compromise Agreement.

Matters involving employment tribunals should always be resolved with help from a specialised employment solicitor.

I am a legal writer who specialises in employment law, if you would like more information about employment tribunals and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk.