What is an employment tribunal?
Tribunals were initially intended as a less formal forum to dispense swift, cheap justice in employment disputes. Part of the intention was to remove the ‘formality’ of the traditional court system and to make it easier for applicants to understand the process without the need for legal advice. However in practice, the majority of applicants do now seek some form of legal advice or representation, because of the complex demands of this area of law.
As consequence a tribunal looks rather like a court, although it’s not as formal as, say, a Magistrate’s Court. The person in charge is a lawyer, who sits on a panel with two other people. One of the two represents an employees’ organisation, the other represents an employers’ organisation. Tribunals are open to the public.
Most claims that come before the tribunal are about deductions from wages and unfair dismissal, although the tribunal also deals with other things, such as discrimination cases and equal pay claims.
People go to a tribunal to sort out whether the law has been broken. If it has, and an employee has been unfairly dismissed or discriminated against on the grounds of their sex, then the tribunal can award them compensation. It’s really a last resort, when all other options, such as conciliation via ACAS (the Advisory Conciliation and Arbitration Service) have been tried and have failed.
Tribunal panels do try to offer support to unrepresented applicants and in general make efforts to demystify the legal process. You should note, however, that if you do seek advice, legal aid is not currently available for tribunal work, and your costs cannot normally be recovered from your employer even if you are successful at the end of the case.
There are 20 employment tribunal offices in England and Wales and four in Scotland. You can get their details from the Equal Opportunities Commission (EOC). The EOC can also provide guidance on all the stages involved in taking a case to a tribunal.
Further information
- The Equal Opportunities Commission, Head Office, Overseas House, Quay Street, Manchester M3 3HN (0161 833 9244; fax: 835 1657; email). Wales: Windsor House, Windsor Lane, Cardiff CF1 3DE (01222 343552; fax: 641079; email. Scotland: Stock Exchange House, 7 Nelson Mandela Place, Glasgow G2 1QW; email.
For detailed guidance, ask for the EOC’s Step by Step Guide to Taking a Case to an Employment Tribunal in England and Wales
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