Notesale: Turn your study into money

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EMPLOYMENT TRIBUNAL
LEGAL FRAMEWORK
*Governed by the Employment Tribunals Act 1996
*Constitution and procedure contained in the Employment
Tribunals (Constitution and Rules of Procedure) Regulations
2004
*Statutory claims (such as unfair dismissal and discrimination)
can only be brought at the ET
*Contractual claims (e
...
wrongful dismissal) can be bought at
both the ET (under £25,000) and the County Court
...

*Extend time limit when not reasonably practical (out the
country, postal strike) – UD, breach of contract, TUPE
...

*NOT REASONABLE PRACTICABLE TEST: Cambridge &
Peterborough Foundation NHS Trust v Crouchman/ Palmer v
Southend-0n-Sea BC/ Times Newspapers v O’Reagan; but see
Union Cartage Co Ltd v Blunden
JUST AND EQUITABLE - Department of Constitutional
Affairs v Jones/ Berry v Ravensbourne NHS Trust/ Cohan v
Derby Law Centre
COMMENCING PROCEEDINGS AND ACAS
*Dispute arises *Try sort it out *Get advice *Send Claim to
tribunal office (claim not accepted if in complete, without merit,
out of time, etc) * Claim accepted, sent to the R and conciliation
starts
...
Copies of completed ET3 sent to
employee and ACAS
...
If no
response received/response not accepted so default j’ment
entered
...
*After this within 26wks there is case management
directions and a hearing is held *a Further 4wks after this allows
j’ment to be issued
...

*Compromise Agreement: S203 ERA 1996: prevents the
voluntary surrender of statutory rights
...
*Unless:
ACAS or a representative who has authority to negotiate;
collective agreement; A compromise agreement
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*Disclosure: there is no automatic disclosure (to give up
documents)
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*At tribunal, there is an Employment Judge and two lay members
with employment law background
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*The parties usually state their cases each, then crossexamination, with finally each giving a summation
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