Industrial tribunals are independent judicial bodies. Industrial tribunals have the power to hear unfair dismissal, discrimination and other cases in connection to statutory employment rights as well as various breaches of contract actions. There are usually three people involved within a industrial tribunal, they include- a lawyer, one individual listed by an employer association and another by the TUC or a TUC- affiliated union. Cases must be brought in within three months of the complained event.
Where are industrial tribunals held?
Industrial tribunals are held at the tribunal office.
The process which you would go through within a tribunal claim includes:-
1. A dispute arising
2. Try and sort out the dispute between the two parties.
3. Get advice about how to start a claim
4. Send claim to tribunal office
5. There are two process after this step which include either the claim not being accepted and returned or the claim being accepted which is then sent to the respondent and conciliation starts
6. After the claim is accepted a response can either be accepted or a response is not accepted or not received.
7. If a response is accepted the case will then be managed
8. After the case is managed a hearing would be held
9. This will then result in a tribunal decision being issued.
There are also different types of hearings which include:-
Case management discussions
Which are held to clarify issues within the case. They could be held private, in front of a chairman sitting alone or may be held via a telephone conference.
Pre-hearing reviews are held to decide whether the response or claim should be struck out as well as deciding on which questions of entitlement to bring or defend a claim.
At this stage, the hearing decides whether the claim is successful or failed, and if it succeeds, they decide what action is appropriate to settle the claim. A hearing will normally be conducted by a full tribunal which includes two lay members and the chairman.
You are also entitled to apply to the tribunal to ask it if the decision can be reviewed, in writing or orally at hearing, this should be done within 14 days of the date the decision was sent by the office of tribunals. If the office of tribunals is able to review the decision under Rule 34 (3) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations, the tribunal shall continue to reconsider its decision and may on such review, confirm, differ or withdraw that decision.
Contacting the industrial tribunals:
If you wish to get in contact with the office of industrial tribunals the contact details are stated below. All claims to an industrial tribunal and all subsequent correspondence should be sent to the Secretary of the Tribunals At:
Office of the Industrial Tribunals and
The Fair Employment Tribunal
Long Bridge House
20-24 Waring Street
Tel (028) 9032 7666
Fax (028) 9023 0184
or visit: www.employmenttribunalsni.org
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