Business Law Essay

1767 words - 8 pages

The Employment Tribunals are board non-departmental community bodies in Scotland, Wales and England which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most frequent disputes are concerned with employment inequity, unfair dismissal and redundancy payments. The Tribunals are part of the United Kingdom tribunal system, administered by the tribunals service and regulated and supervised by the administrative justice and tribunals council. Employment tribunals were created as Industrial tribunals by the Industrial Training Act 1964.
Employment tribunals were set up at the same time that the United Kingdom enacted the first of a series of ...view middle of the document...

It is possible for the chairmen to sit alone if the parties consent in other matters including unfair dismissal. Chairmen sometimes sit with one other member, usually where the third member has become indisposed or is forced to withdraw for some reason.

The employment tribunals were originally intended to provide a means of resolving employment disputes that was informal, speedy and cheap. To an extent they still do, but the informality is more apparent to lawyers who compare them with the courts than to the general public who often find them scary. The most noticeable change in the Employment Tribunal is that the increased change in the case management by the tribunals. In the early days of the tribunals operation the issues incase were often not really identified until a hearing, but nowadays almost every case is well prepared and the issues are fully identified well before the hearing. The problem of the practitioners has been that individual chairman has different preferences, and it has been difficult to know how cases will be handled in an unknown region. There was a wide range of jurisdictions for the employment tribunals. Largest part of their workload was concentrated on many issues like unfair dismissals, redundancy pay, discrimination, breach of contract, working hour regulations, trade union issues, employment rights, etc.… In order to reduce the expenses and to avoid informality in employment tribunals it is better to keep a lawyer and keep themselves out of the dangers.

The government of the United Kingdom noticed the increase in weak cases and backlogs. To weed out these they had to take definite practical reforms. They first introduced the pre hearing review. A claim may be determined at a Pre-Hearing Review and a Judgment may be issued to either dismiss a case or to allow it to proceed to a hearing. Once a Judgment is issued in respect of a particular matter, that matter is determined and, subject to an appeal or a review, it cannot be re-opened. In order to reduce the number of weak cases, Deposit orders where required by the party to pay a sum as a condition of being permitted to continue to follow all, or any part, of the respective claim or response. The judge can require a deposit to be made if any contentions put forward by a party have a few reasonable prospects of success. Judges can order deposits to be paid only in pre-hearing reviews, with a £500 limit. For claims submitted to the employment tribunal on or after 6 April 2012, employment tribunal judges will be able to order claimants at any stage to pay a deposit of up to £1,000 if they believe that weak claims are being pursued. But this rule has got an advantage and disadvantage as well. Weak cases can be minimized to a certain extent. People who want to sue case against their employers will think a while whether to waste their money or not. The number of fake cases will decline. The main disadvantage is that the genuine claimants will have a fear in mind...

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