What is an employment tribunal?

Created in 1964, an employment tribunal (ET) is a judicial body who are specifically responsible for workplace justice and are on the largest tribunals in the greater tribunals system.

The tribunal is normally the last resort, following any attempts at conciliation using ACAS code-based advice. Claims can be raised by an employee against any of the following:

• Their employer or a manager or Director in the case of discrimination claims.

• Their potential employer in the case of job applications.

• A trade union.

For example, you may raise a claim due to discrimination during the interview. Employment tribunals consist of a hearing to decide if a respondent has done something unlawful to the affected claimant.

These hearings are often seen as less formal than the Civil or High Court. But that’s not always the case. It all depends on what type of claim is raised to them. Their decisions and processes are governed by the law; therefore, are legally binding.

Examples of some claims

There are many claims that employees can raise. Employment tribunals are commonly known as a platform for unfair dismissal and redundancy claims, but they can cover multiple things,such as:

• Dismissal: This includes wrongful dismissal, constructive dismissal, and unfair dismissal.

• Discrimination: This covers all nine protected characteristics. (For example, age; disability; gender reassignment; marriage or civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation).

• Wages: This covers equal pay issues, reducing wages unlawfully and missing pay.

The vast majority of the tribunal caseload is compensation claims or other solutions made by workers against their employers.

The main legal requirements for ETs are found in the Employment Tribunals Rules of Procedure 2013. The most important items of legislation are the Employment Tribunals Act 1996, the Employment Rights Act 1996 and the Equality Act 2010.

Employees have a legal right to raise an employment tribunal claim. This right also extends to workers and job applicants. But this could vary depending on the type of claim).

As an employee you're also legally protected from discrimination and victimisation during this time. Meaning, you cannot treat someone less favourably for making a claim. If they're disciplined or face unfair dismissal, you could face serious consequences.

Both your employer and you must follow the proper steps throughout an employment tribunal. At tribunal stage if a party doesn't do what they should do with regards to tribunal proceedings the other side could make an application to get the claim struck out, it wouldn't be a win though and it wouldn't be automatic, it would be up to the tribunal ultimately as to whether a claim is struck out.