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What areas can be covered by industrial tribunals?
Page 28
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W Employment Tribunals were originally designed to be an accessible, informal and inexpensive way to resolve work-related disputes. But that was 35 years ago and since then domestic legislation and European directives have significantly increased workers' rights.
Claims before the tribunal are no longer limited to unfair dismissal or redundancy payments. The tribunal routinely determines claims for unlawful discrimination on the grounds of race, sex and disability, and claims by trade unions and other employee representatives, whistleblowers and those requiring time off work.
Not only has the range of claims increased; the law has become more difficult to understand. When you take into account the availability of six-figure compensation, it is not surprising that both parties might require advice from specialist solicitors.
Although the formal rules of evidence do not apply, both parties are required to give evidence themselves and cross-examine their opponents. This involves dealing with disputed facts and often difficult questions of law.
The employment tribunal produces a helpful overview of the types of claims which can be brought and the issues involved. But unless the claim is unusually straightforward, employers would be welladvised to contact a solicitor. Based on a proper assessment of the law and the risks involved, an informed decision can then be taken as to whether the employer wishes to be represented.