LRD guides and handbook July 2020

Law at work 2020 - the trade union guide to employment law

Chapter 14

The tribunal panel

[ch 14: page 506]

A full tribunal consists of a legally qualified chairperson (an employment judge) and two lay members, one from a panel of employer representatives and one from a panel of employee representatives with industrial experience gained in the workplace (such as experienced union reps and negotiators). Many tribunal claims are now heard by an employment judge sitting alone. These include all claims for unpaid wages, holiday, redundancy payments, interim relief and unfair dismissal and appeals to the Employment Appeal Tribunal (EAT). An employment judge can order that a claim be heard by a full panel, but this is increasingly rare. The loss of experienced lay members, especially in unfair dismissal claims, is generally viewed as a retrograde step, moving ever further away from the tribunal’s originally intended role as an industrial jury. For the position as regards the tribunal panel during the Coronavirus pandemic, see the box at the start of this Chapter.