Employment Law – Employment Tribunals

I found this article relating to Employment Law which I thought may be of interest. So here it is for you

If an employee has any kind of dispute or grievance against its employer that has gone beyond the point of mediation or any informal resolution, the issue will be brought into the employment tribunals. These are non-departmental public bodies in England, Wales and Scotland, they have statutory jurisdiction to hear disputes. The most common type of disputes that come to the employment tribunals are unfair dismissal, redundancy payments and employment discrimination. The Tribunals are well regulated and supervised by the Administrative Justice and Tribunals Council.

Employment tribunals are governed by the Employment Tribunals Rules of Procedures which sets out the Tribunals main objectives and procedures. It also sets out issues such as time limits for making a claim and dealing with requests for reviews. If an employee is making a claim, they have to present a claim form to an employment tribunal office within the appropriate time limit given. Even if the claim form is delivered late, then the office is not at liberty to hear it and the claim may be dismissed all together on that basis alone.

The defending party whihc is usually the employer has to send a response form within 28 days of being given the claim form by the employment tribunal. If they fail to send in the response form within that time period for any reason, it will be debarred from taking part in the court proceedings; therefore it will proceed without a defence. If the employment tribunal is unhappy with the way that the claim form or response form has been presented, then it can reject them as certain information must be provided in the form to constitute it as valid.

Time limits are very strict and important rules to abide by. The typical time limit for making a claim against an employer is three months from the date of the complaint. The tribunal may extend the time where certain conditions are met, which will depend on the individual complaint bring to court. Unfair dismissal, breach of contract, unlawful deduction from wages and other similar scenarios can be only considered if it was not reasonably practicable for the claim to have been presented within the 3 month period, and if it can be presented within a reasonable time after. This is on the party bringing the claim to prove these points. However, in discrimination cases, the time limit of 3 months is more flexible, which means a claim can be heard after the 3 month period if it is considered just and equitable to do so.

 

I am a legal writer covering advice on topics of law including employment tribunals, for further text and similar works visit employment law or contact a solicitor today. For more legal advice and information, and for free legal resources I suggest you visit lawontheweb.co.uk.
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