Employment tribunals

?
  • Created by: :-D
  • Created on: 10-10-20 14:02

Employment tribunals

Advantages

  • Cheaper than going to court- it's free and no loss of money if lost case
  • Each party pay its own costs
  • No need to be legally represented but individuals are likely to have representation provided by their trade union
  • Quicker than courts- hearings last a day
  • No strict rules of legal precedent so less formal- Wigs aren't worn, strict rules of evidence don't apply= intimidating atmosphere
  • Decision is legally binding so parties are compelled to follow
  • Gives reasons for decision made- cuts down on the number of appeals made
  • Alleviates pressure on civil courts
  • Panels of three are experts in the cases they hear- gives them good knowledge and understanding of the issue in dispute.

Disadvantages

  • Due to the lack of government funding, if you can't afford a law you can't get one-  Hard to represent yourself if you have no knowledge of the law whereas courts provide legal aid. Also an inequality in power as the richer would be able to afford better power
  • Lack of legal precedent
  • Public
  • No appeals- only for expensive and complicated cases and must be regarding a point of law

Evaluation

The employment tribunal makes decisions about employment dispute and deals with claims such as unfair dismissal, discrimination and redundancy. Cases are usually tried by a panel of three (one legally qualified tribunal judge and 2 expert lay people). Both sides put forward their case in a formal way where witnesses give evidence under oath and can be cross examined. If you are unsuccessful in your claim, you do not need pay the other sides legal costs. 

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Civil courts and ADR resources »