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.