When two sides go to war over employment
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Most disputes between employers and employees are dealt with by an Employment Tribunal. The Tribunal can consist of a legally qualified chairman sitting alone, but will usually also include two lay members with industrial experience.
The Tribunal decides how proceedings will run. The atmosphere can be less formal than in a court and the Tribunal does not have to apply the strict rules of evidence. Although much will depend on the chairman's attitude, parties always have the right to refer to documents, call witnesses and challenge the evidence of their opponent.
Tribunal cases are routinely listed for a single day, but depending on the complexity of the issues they can last for days or even weeks. The Tribunal is a relatively fast and straightforward way for an employee to resolve a dispute, but it does have disadvantages.
Domestic law
Although parties do not need to be represented, they are required to argue their cases under the law. Without an understanding of domestic and sometimes European law, together with an appreciation of the burden of proof, this can be difficult. Although the Tribunal will always try to assist, parties often have little alternative but to seek advice from specialist lawyers.
The risks to employers of an unsuccessful Employment Tribunal claim can be considerable. Even if they are unconcerned as to how their suppliers or customers may view the situation, the Tribunal can award substantial compensation.
Until relatively recently, awards of compensation were limited to not more
than £11,000. Over the past few years this limit has increased enormously and in some cases has been removed. Employees rarely need to take their case anywhere except for an Employment Tribunal.
Described here are the most common types of employment tribunal claims, the powers that are available to the Tribunal and an overview of how these claims are determined.