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Tribunals - Coggle Diagram
Tribunals
Hearing
Preliminary hearing: a short hearing to address any issues so that the case can proceed smoothly before a full hearing. For example, there may be a disagreement over whether or not the claimant is entitled to bring the claim
Exchange lists of all documents relevant to the claim. Examples of these include contracts of employment, letters, emails, notes of meetings and any other paper or computer generated records even if these help the other party's case.
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All parties and witnesses must attend the tribunal on time whether this takes place in person or remotely.
At the hearing, the Employment Tribunal usually sets out the key issues and checks whether there are any preliminary matters.
In most cases, the witness statements have already been lodged and are 'taken as read'.
In some cases, the judge may ask the witness to read their statement out or clarify some crucial parts. Each witness takes an oath before reading their statement or being asked questions by the 'other side' and then by their 'own side'. The Judge may also ask questions.
At the end, the representatives of both sides will 'sum up' their case, and the tribunal will adjourn or, in some cases, give its decision immediately.
Tribunals try to limit the time that hearings take, and judges have the flexibility to manage proceedings as they see fit.
What are tribunals
Employment tribunals deal with claims brought against employers by employees. Claims can typically relate to unfair and wrongful dismissals, discrimination, equal pay and deductions from wage deductions. Employees must contact ACAS first to try to resolve the dispute through early conciliation
Tribunals are specialist courts that operate outside of the mainstream civil court structure. Over the last 50 years (since WW2) the use of specialist tribunals as a means of settling disputes has grown significantly because of the large volume of welfare legislation. Tribunals now deal with more cases than the civil courts.
1st April to 31st March 2020 a total of 103,984 employment applications
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Typically they differ from the civil courts in that they are less formal, more specialist and exist to deal with cases efficiently and more cheaply than the civil courts
Examples of disputes
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Discrimination (race, sex, disability, religion or belief; sexual orientation, age, maternity or paternity leave/pay)
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