Working method of Employment Tribunal
In this period of employment crisis many employers removes the employees from job without any reason by creating some reasons for removing them from job. Employment tribunals are how disputes between employers and workers take place after other attempts to resolve a conflict have failed. The courts are usually a last resort to resolve issues between employers and workers. It is important to know how courts work and the entire procedures.
Employment Tribunal process in general is given below:
Employment Tribunals are made up of a committee of three, a judge and two lay complete with extensive experience in labor disputes. There is no charge for the use of a court, but it will still be the cost of attorneys’ fees of each party. The cases have not been claimed against more than three months from the date of the incident happened will not take into consideration unless there is any kind of unforeseen circumstances. Once a decision has been made is legally binding and both parties must respect this decision.
There are a variety of different topics that can be taken before the Labor Court. The most common complaints are as follows:
• Redundancy
• Equality issues
• Discrimination
• Dismissal without prior notice or reason
• Breach of contract
• Disciplinary procedures
• Maternity or paternity
Alternative Dispute Resolution
If a dispute is always a mutual interest in ensuring that you are trying to resolve the situation before the court. There are many types of alternative dispute resolution that can spread very fast. It is always helpful to consider the following methods before resorting to an employment tribunal:
- ACAS Advisory Conciliation and Arbitration is the main methods of pre-complaint conciliation. They will try to solve the problems between the employer and employee before going to court. They will give advice and suggests possible methods to solve the issue by discussion or any other means without going to court. If the matter was settled through ACAS, then both employer and employee must sign a legally binding agreement for avoiding further problems in future. If the agreement is violated by both sides, then the other party has the right to sue for breach of contract. This agreement is good option to avoid minor issues after the settlement.
- Other effective method of dispute resolution is a compromise, and this is a legally binding solution, to provide compensation or a reference to the dissatisfied party. Compensation will be usually made by the withdrawal of the claim by one party. You must inform Employment Tribunal in writing, and the second party involved in the dispute, if you accept a compromise. Here one party has to accept the terms of other party and have to come in mutual understanding to avoid future problems. This will work out in few cases only because it is not that much easy that one party will agree with the terms and conditions of the other easily. Issues relating to employment tribunal must always be resolved with the help of a lawyer specializing in employment.
Employment Tribunals hope you will appreciate the practical advice within this guide on employment tribunal rules. We believe that the specialist experience we provide allows any claimant or respondent to have the benefit of effective representation throughout the employment tribunal procedure and rules.
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