What is an Employment Tribunal?

Most people have heard reference being made to an Employment Tribunal but are often unsure of what it actually is, when it is used and whether it is a legally binding procedure. This article looks at the function of an Employment Tribunal, when it is used and what measures can be taken before proceeding to an Employment Tribunal.

Disputes in the workplace happen on a regular basis and are often sorted out between members of staff or by the aggrieved employee having discussions and meetings with their superior to resolve the issue in question. However, in some cases, issues simply cannot be resolved and where other avenues have been explored in vain (see below) to attempt to try and reach a resolution it may be necessary to take the matter to an Employment Tribunal.

An Employment Tribunal is less formal that a court hearing but, nevertheless, any decision made by an Employment Tribunal is legally binding. It does not cost anything to take a matter to an Employment Tribunal (unless you are paying, for example, a legal representative to speak on your behalf) but you can be ordered to pay costs if you are seen to have acted unreasonably during the case. Just like in a court, you will be speaking under oath, therefore if you lie you may be convicted of perjury which could result in a prison sentence.

An Employment Tribunal is, usually, made up of three impartial and independent individuals, one of whom will be a legally qualified Employment Judge. The other two members of the Employment Tribunal will usually be two lay members who have experience of employment related issues and grievances. The Employment Tribunal will listen to your grievances and make some sort of decision or resolution which you are legally bound to follow.

Employment Tribunals deal only with specific grievances, namely those relating to:

• Unfair Dismissal
• Constructive Dismissal
• Discrimination claims (the alleged discrimination could, for example, be on the grounds of sex, race, religion or disability)
• Non-consultation during a period of redundancy
• Breach of your employment contract
• Argument and issues relating to equal pay

It is important that before you embark on taking your issue to an Employment Tribunal you have explored all other options of resolution, such as speaking to your employer directly, following your employer’s grievance procedure or seeking the help of a mediator.

If you are unable to reach a resolution through these methods you should be aware of the time limits for taking your matter to an Employment Tribunal. You usually have 3 months from the date of the issue of which you are complaining, or from when your employment ended, in which to make an application.

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