EMPLOYMENT TRIBUNALS

Originally set up in 1964 under the guise of the Industrial Tribunals to provide a fast and cost effective method of resolving workplace disputes by the parties themselves, the development of UK employment law has made it increasingly difficult to undertake claims without the use of legal representation. The tribunal’s jurisdiction has increased with the introduction of new legislation and new public awareness of their employment rights.

The Tribunal is normally made up of three members, consisting of a Chairman (normally a lawyer of at least 7 years standing) and two lay members. The two lay members are chosen from a panel of employer representatives and a panel of employee representatives to ensure balance. The Tribunal will decide a case after hearing evidence and submissions from the Claimant and the Respondent. The procedure is far less formal then that of a normal Court. A Claim is normally submitted within 3 months of the breach claimed of (subject to extensions of time granted by following statutory dispute resolution procedures). A Defence is then to be filed within 28 days. Should attempts to effect a settlement by ACAS be unsuccessful (a period of up to 13 weeks is allowed), the matter is then set down for a formal hearing. Once a matter is decided, there is an appeals process available initially to a dedicated Employment Appeals Tribunal and then onto the regular Court system i.e. the Court of Appeal and above.

The year 2005/2006 saw a significant rise in the number of claims lodged, going up from 86,000 claims in the year before to just over 115,000. Of these just over 40% were unfair dismissal claims and 27% discrimination claims. There has also been a worrying trend of increases in the levels of compensation being awarded year on year. The average unfair dismissal award was £8679 (up from £7303), race discrimination £30,361 (up from £19,114), sex discrimination £10,807 (down from £14,158) and disability discrimination £19,360 (up from £17,736). Interestingly the highest award made by the Tribunal was in a race discrimination case where the sum of £984,465 was made.