Articles Employment Tribunal Industrial tribunal

What Is An Industrial Tribunal?

An industrial tribunal, sometimes called an employment tribunal is a kind of industrial court where employees attempt to get redress for a problem that they have not been able to settle with their employers. Usually employers have systems in place to deal with employee grievances and so there is no need to resort to a tribunal. Every now and then however, a situation occurs where the system and the employer are unable to deal with a grievance to the employee's satisfaction - it is at this point that a tribunal might be called for.

If you run a company then you should provide your staff with a handbook that clearly lays out all of the company policies and procedures. These might include pay schedules, discrimination, equal opportunities and sexual or racial harassment.

Sometimes, no matter how much care a company takes regarding its terms and conditions of employment and its policies and practises there will be something that doesn't fit any of the boxes. It is at this juncture that an employee may resort to the services of an industrial tribunal.

When an employee decides to take their case outside of the normal policies and practices of a company then they first have to submit an ETI form before they can put their case. The employer will receive a copy of that form and has to respond to it within twenty eight days. A tribunal is a more informal process than a public court would be with the case being heard by a panel of three people.

Preliminary Matters

There may be a preliminary hearing of the tribunal where the panel will decide whether the employee's claim has the validity to be heard. If the panel believes that there is a case to answer then there will be a hearing.

During the hearing both the employee and the employer will be able to call witnesses to substantiate their case. If the panel decides in favour of the employee then the employer could be made to pay damages to cover the claim. Sometimes the employee is awarded a substantial amount of compensation with £25,000 not being an unusual amount if a case of wrongful dismissal is proved.

If you own a company and are faced with a charge of wrongful dismissal then you should seek the advice of a specialist as you could face a hefty compensation bill if your ex employee wins their case at the industrial tribunal.

 

Deminos are HR Outsourcing and employment law specialists. To find out more please call us on 0191 460 1111 or visit http://www.deminos.co.uk

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