What Is The Role Of The Employment Tribunal?

It can sometimes seem like that there is no higher power then a persons employer, that they alone operate all the levers and that employees are subject to their rule like a king and his subjects. This is, however, a distorted vision of the relationship that exists between the employee and their employer. Firstly there is the employment contract which outlines the rules and obligations that each party has in relation to the other, then there is the workplaces own internal policies and procedures that govern the actions that both parties will take in certain situations. Finally if the employee still wants to pursue their cause higher, there are the Employment Tribunals.

The Employment Tribunals form is part of the UK Tribunals System which is regulated by the Administrative Justice and Tribunals Service and administered by the Tribunals Service. As such, Employment Tribunals are non- departmental public bodies that operate in England and Wales. The tribunal is a completely free service to both employers and employees, unless they decide to employ the services of an employment solicitor to represent them. Each Hearing by the Tribunal will consist of a panel of one qualified employment judge and two 'lay' people who must also have a working knowledge of employment law in the UK.

The Employment Tribunal is empowered with statutory rights of jurisdiction to hear various kinds of employment disputes. The types of cases most frequently brought before the Tribunals are cases involving claims of redundancy payments, discrimination in the workplace and unfair or wrongful dismissal. Because the tribunal has the statutory right of jurisdiction in such cases, all evidence is presented under oath and the panels decisions are thus legally binding. This means the Tribunals decision must be obeyed and that individuals open themselves up to accusations of perjury if they lie or withhold evidence. So the Tribunal functions like a less formal Court house and it can reward compensation to successful claimants, as well as issuing recommendations to employees, reinstating employers or finding them another role in the same company.

It must be noted that in 2005/6 only 18% of claims brought before the Tribunals were successful, with the rest being unsuccessful, withdrawn or settled outside of the Tribunal process.

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