What is the role of an employment

tribunal?
Task:
Unscramble these anagrams to reveal a key word
1. Write down the about employment law.
date and title.

2. Unscramble these Prominently mutable Employment tribunals

anagrams to
reveal a key word Mini indicators
about
employment law. Burn tail
3. The first is done
for you! Cant mail

Nod serpent
 What is a tribunal?
• Tribunals created by Industrial Training Act
1964 and aimed to provide an informal
route to resolve industrial disputes quickly
and cheaply.
Task: • Tribunals, Courts and Enforcement Act
2008- created a two tier tribunal system.
1. Read the • The Upper Tribunal primarily reviews and
information. decides appeals from the First Tier Tribunal. Chichester County Court where
tribunals are heard.
• They are a panel with legally qualified
2. Make brief notes. tribunal judges as well as panel members
with specific areas of expertise.
• There are many tribunals to deal with all
aspects of life.
• Tribunals have limited powers but can
impose fines and penalties.
 How to make an employment tribunal
claim?
Claimant fills out an ET 1
form and sends it to the
Task: employment tribunal
1. Read the The form is 15 pages
information. and is used to outline the
details of the claim.
2. Make brief notes.
These can be found on
government website.
 What happens after claim is made?
The employment tribunal
sends the respondent
Task: (Employer) an ET 3 form to
1. Read the
respond to the claim.
information. This is a 8 page document
and will outline the
2. Make brief notes.
counter arguments to the
original claim.
These can be found on
Gov.uk
 What happens after claim is made?
The respondents, claimant and
Task:
representatives attend hearing before 10am
with witness.
1. Read the All parties sign in and are directed to
information.
respective waiting rooms
2. Make brief notes. Court clerk will list witnesses and ask if they
wish to give evidence on holy book or affirm.
Clerk will collect copies of statements and
documents that will be referred to.
 Task- Put these cards in order of events.

Witness gives evidence and

One party will start case Judge welcomes parties and
cross-examined by other
dependant on type of case witnesses
side

Decision is delivered and

Court adjourns to make Closing submission by both
remedy hearing commences
decision sides
if appropriate

If one party isn’t legally Judge may ask questions

Witness will be sworn in represented, judge will and witness may be re-
explain process examined
 Check your answers!

3 1 5
Witness gives evidence and
One party will start case Judge welcomes parties and
cross-examined by other
dependant on type of case witnesses
side

9 Decision is delivered and 8 7

Court adjourns to make Closing submission by both
remedy hearing commences
decision sides
if appropriate

If one party isn’t legally Judge may ask questions

4 Witness will be sworn in 2 represented, judge will 6 and witness may be re-
explain process examined
 Task- Read through the flow chart. Make sure you understand.

If one party isn’t legally One party will start case

Judge welcomes parties dependant on type of
represented, judge will
and witnesses case
explain process

Witness gives evidence Judge may ask questions

Witness will be sworn in and cross-examined by and witness may be re-
other side examined

Decision is delivered and

Closing submission by Court adjourns to make remedy hearing
both sides decision commences if
appropriate
 What happens in an employment
tribunal?
Watch this video- https://
www.youtube.com/watch?app=desktop&v=U2CpwJSq3
Task: iE

1. Watch the video.

Answer these questions:
2. Answer the 1. What does the video say about wing members and
questions. what experience they have?
2. Why is the judge allowed to ask the witness
questions?
3. Why are representatives allowed to ask questions
do you think?
 How do you appeal in an employment
tribunal?
Grounds of appeal
Losing party can ask for Once reasons come must be based on legal
extended reasons back, 42 days to appeal argument and not
Task: solely on factual issues

1. Read the Considers grounds of appeal and will do one of

information. two things:
2. Make brief notes.  arrange hearing date
 order preliminary hearing to decide if appeal may
proceed to full hearing
Claim will not proceed unless there is legal point
which has legal merit in order to allow the case
to proceed to a full hearing.
 The tribunal system appeal hierarchy?
*Supreme
ur o p e an
E Court
ou r t o f
Task: C
s tic e ( ?)
Ju *Court of Appeal
1. Read the Civil Division
information.

2. Make brief notes. Employment Appeal Tribunal

Employment Tribunals
(Employment Tribunals (Constitution and Rules of
Procedure) Regulations 2013)

*Normal rules and conditions of appeal apply

 Advantages/Disadvantages of tribunals?
Can you think of any advantages or disadvantages of
tribunals?
Task:
Advantages Disadvantages
1. Read the
information. Cost  Lack of public
Speed funding
2. Make brief notes.
Informality  Formality
Expertise  Delay
 Comparison of Tribunals and Civil Courts ?
Similarities Differences
Task:
 Evidence is given under  Dates are much shorter in tribunals
1. Read the oath/perjury applies  District judge specialist in Employment
information.  Still have rules by they Law will not sit in civil court
are different, just  Lay members can sit in some tribunal
2. Make brief notes. under similar cases.
procedures
 Tribunals have less formality
 Both have judges
 Costs common in civil courts but not
Challenge- can you think (tribunals didn’t used
of any other normally awarded in tribunals.
to)
similarities/differences?  Burden of proof different in some cases
than civil burden of proof