From EBS Law

Why Seek Employers Tribunal Advice

Posted in EBS Law
By NetWords
Sep 22, 2010 - 8:32:51 PM

The employment relationship can be a difficult one at times.  Disputes can arise throughout the employment relationship, and it is the employers responsibility to do everything possible to prevent these disputes from occurring in the first place.

However, should an employee feel that they are unable to resolve a dispute with their employer, they can apply to an Employment Tribunal to hear their case.

Nevertheless, Employment Tribunals are only able to make a decision on cases that relate to employees rights in the workplace.  Employees who may feel their case resides under one of the following headings can apply to an Employment Tribunal for a verdict:

- Unfair dismissal (including constructive dismissal).
- Discrimination on the grounds of disability, sex, age, race, sexual  
  orientation, religion or belief.
- Equal Pay
- Breach of employment contract
- Not being consulted in the event of a redundancy situation,
- Not being offered the opportunity to bring someone with you to a
  disciplinary or grievance hearing.

Once an Employment Tribunal has made a decision on any of the above, that decision is legally binding and both the employee and employer must follow it.

An Employment Tribunal panel is usually made up of 3 people including a qualified Employment Judge and two ‘non’ legal members who have employee relations experience. The judgements made at an Employment Tribunal are impartial are based on the law and legal evidence that supports it. 

Furthermore, the ‘non’ legal members of the panel bring their knowledge and workplace experience into consideration when assessing an employment law case.

If an organisation receives an Employment Tribunal application made by one of their employees then the best thing for them to do is contact an employment tribunal advice agency such as Acas.  Acas is a free advisory service that offers advice and guidance on a variety of different issues.  They can assist with Employment Tribunal preparation and in particular, assist you to resolve the dispute at a local level.


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