Employment tribunals play a crucial role in upholding fair workplace practices across the UK. These independent judicial bodies help resolve disputes between employers and employees, ensuring that workers’ rights are protected and businesses operate within the bounds of employment law.
The importance of fair workplace practices can’t be overstated. They foster a positive work environment, boost employee morale, and ultimately contribute to a company’s success. Employment tribunals serve as a safeguard, providing a platform for workers to seek justice when they believe their rights have been violated.
Recent years have seen a significant uptick in tribunal cases. According to the Ministry of Justice, there were 105,000 employment tribunal claims in the 2022/2023 fiscal year, a rise on the previous year. This rise underscores the growing awareness of employment rights and the continued relevance of tribunals in today’s workplace.
The Evolution of Employment Tribunals in the UK
Employment tribunals have come a long way since their inception. They were first established in 1964 as industrial tribunals, primarily to handle disputes related to training levies. Over time, their remit expanded to cover a wide range of employment issues.
Key legislation has shaped the role and powers of employment tribunals. The Employment Rights Act 1996 consolidated various employment rights and set out the framework for many tribunal claims. The Equality Act 2010 further strengthened protections against discrimination and harassment in the workplace.
Recent reforms have significantly impacted the tribunal system. In 2013, the government introduced fees for bringing claims to tribunals, which led to a sharp decline in cases. However, this decision was overturned by the Supreme Court in 2017 in the landmark case R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, ruling that the fees were unlawful and prevented access to justice. With news that the Tories want to reintroduce employment tribunal fees, many are calling on the government to reconsider its plans to reintroduce employment tribunal fees.
Common Issues Addressed by Employment Tribunals
Employment tribunals handle a diverse range of workplace disputes. One of the most frequent types of claims is unfair dismissal. In the case of Uber BV v Aslam [2021] UKSC 5, the Supreme Court ruled that Uber drivers were workers, not self-employed contractors, entitling them to certain employment rights including protection against unfair dismissal.
Discrimination and harassment cases also feature prominently in tribunal proceedings. These can involve issues related to protected characteristics such as age, gender, race, or disability. For example, in the case of Walker v Innospec Limited [2017] UKSC 47, the Supreme Court ruled that same-sex spouses should receive equal pension benefits, marking a significant step forward in LGBT+ workplace rights.
Wage disputes and breach of contract claims are another common category. These might involve issues such as unpaid wages, holiday pay, or failure to provide agreed-upon benefits. The case of Bear Scotland Ltd v Fulton [2015] IRLR 15 EAT established that regular overtime should be included in holiday pay calculations, affecting many workers across the UK.
Whistleblowing protection is another crucial area addressed by tribunals. The Public Interest Disclosure Act 1998 provides protection for workers who report wrongdoing in the workplace. In the case of Chesterton Global Ltd v Nurmohamed [2017] EWCA Civ 979, the Court of Appeal clarified the meaning of ‘public interest’ in whistleblowing cases, broadening the scope of protection for whistleblowers.
The Tribunal Process: From Claim to Hearing
Filing a claim with an employment tribunal isn’t as daunting as you might think. The process starts when you submit an ET1 form, which outlines your claim against your employer. You can do this online or by post, and it’s crucial to file within the specified time limits – usually three months less one day from the date of the incident you’re complaining about.
Before your case reaches a tribunal, you’ll go through Early Conciliation with ACAS (Advisory, Conciliation and Arbitration Service). This free service aims to resolve disputes without the need for a formal hearing. It’s a mandatory step, and you’ll need an ACAS certificate to proceed to tribunal if conciliation doesn’t work out.
If conciliation doesn’t resolve the issue, your case moves to the case management stage. Here, an employment judge reviews the case and may hold a preliminary hearing. This hearing can clarify the issues, set a timetable for the full hearing, and sometimes even dismiss claims that have no reasonable prospect of success.
The full tribunal hearing is where your case is finally heard. It’s less formal than a court, but it’s still a legal proceeding. Both sides present their evidence and arguments, and witnesses may be called to testify. After hearing all the evidence, the tribunal will make a decision, which is usually sent to both parties in writing after the hearing.
Key Players in Employment Tribunals
Employment tribunals typically consist of a panel of three members. The employment judge leads the panel and is legally qualified. They’re joined by two lay members who have practical experience in employment relations – one from an employer background and one from an employee background.
The employment judge plays a crucial role. They manage the proceedings, ensure fair treatment of all parties, and lead on points of law. In some straightforward cases, the judge might sit alone without lay members.
Lay members bring valuable real-world experience to the tribunal. They can ask questions during the hearing and contribute to the final decision. Their practical knowledge of workplace issues complements the judge’s legal expertise.
While you don’t have to have legal representation at a tribunal, it can be helpful. Employment law is complex, and experienced representatives can navigate the process more effectively. In the case of Galo v Bombardier Aerospace UK [2016] NICA 25, the Northern Ireland Court of Appeal emphasised the importance of legal representation in complex discrimination cases.
Employment Appeal Tribunals Explained
If you’re unhappy with a tribunal’s decision, you might be able to appeal to the Employment Appeal Tribunal (EAT). However, you can’t appeal just because you disagree with the outcome. You need to show that the original tribunal made an error of law.
The appeal process has strict timelines. You must lodge your appeal within 42 days of the date on which the written reasons for the tribunal’s decision were sent to you. The EAT will then review your grounds for appeal and decide whether to allow it to proceed.
EAT rulings can have significant impacts on employment law. For instance, in a recent case handled by Rad Kohanzad of employmentbarrister, Penicela v Sanctuary Care [2022] EAT 181, the EAT made an important ruling that highlights the complexity of dismissal cases involving protected disclosures.
In this case, the EAT determined that the original tribunal had failed to adequately address the claimant’s primary concerns regarding her dismissal. The EAT held that the matter should be returned to the tribunal for further examination and resolution. This case established several key principles:
- If a claimant makes a distinct case that their dismissal was influenced by an intermediary’s potentially biased report, the tribunal must specifically address that claim.
- When reviewing dismissals, not only the direct beliefs of the dismissing officer should be considered but also any potential influences that may have affected intermediary reports leading to the decision.
- The process leading to a dismissal should be dissected, especially when a claimant alleges that protected disclosures have adversely affected their employment.
This case underscores the importance of thoroughly examining all aspects of a dismissal, particularly when protected disclosures are involved. It also highlights the value of expert legal representation, such as that provided by employmentbarrister.co.uk, in navigating the complexities of employment law appeals.
Other significant EAT rulings have also shaped employment law. For example, in Royal Mail Group Ltd v Jhuti [2019] UKSC 55, the Supreme Court ruled that if a person in the hierarchy of responsibility above the employee determines the reason for dismissal, their reason for dismissal is the reason acted upon by the dismissing officer. This decision expanded the scope of protection for whistleblowers.
These cases demonstrate how EAT decisions can have far-reaching implications for both employers and employees. They often clarify complex legal issues and set precedents that influence future tribunal decisions and workplace practices across the UK.
If you’re considering an appeal to the EAT, it’s crucial to seek expert legal advice. The process can be complex, and the grounds for appeal must be carefully prepared. Specialist employment barristers, like those at employmentbarrister.co.uk, can provide invaluable guidance and representation throughout the appeal process.
Balancing Employer and Employee Rights
Employment tribunals face the challenging task of interpreting and applying employment law in a way that’s fair to both employers and employees. They must consider the specific circumstances of each case while also ensuring consistency with previous decisions and legal principles.
Ensuring fairness and consistency in decisions is crucial for maintaining trust in the tribunal system. Tribunals often refer to precedents set by higher courts, but they also have the flexibility to consider the unique aspects of each case. This approach helps strike a balance between predictability and adaptability in employment law.
The Impact of Tribunal Decisions on Workplace Practices
Tribunal decisions don’t just affect the parties involved – they can have wide-reaching impacts on workplace practices across the UK. When tribunals make significant rulings, employers often need to review and update their policies and procedures to ensure compliance.
HR departments play a crucial role in implementing changes inspired by tribunal decisions. They need to stay up-to-date with employment law developments, review and update company policies, and ensure that all levels of management understand and follow these policies.
