2. THE EMPLOYMENT TRIBUNAL SYSTEM

Employment tribunals were set up under the Industrial Training Act 1964 and were intended to be an informal and accessible, as well as a relatively quick and inexpensive way of resolving employment disputes. Although there is no requirement for either party to be represented by a lawyer or other advisor, there will often be such representation. Generally, it is easier for a third party (i.e. a representative) to convince the tribunal that their client deserves, or is entitled to, the outcome sought and to know from professional experience what is the relevant information to present. However, one of the key reasons for the growth in the use of legal representatives is that tribunals have become increasingly legalistic.

In April 2011, the Employment Tribunal Service (which administers employment tribunals) merged with HM Court Service to become part of the Ministry of Justice. However, tribunals maintain their own separate rules of procedure — set out in the amended Employment Tribunals Act 1996 and the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.

These rules apply to employment tribunals in England, Wales and Scotland, although Scotland has a separate administration system and there are some differences in the terms used and the way that proceedings are run. Northern Ireland has its own legislation but its employment law is essentially the same as in England, Wales and Scotland. In Northern Ireland, all claims are administered by the Industrial Tribunals and Fair Employment Tribunal in Belfast, which also keeps a public register. Claims are referred to a local court for hearing where appropriate.

Appeals from tribunal decisions go to an Employment Appeal Tribunal (EAT) and from there to the Court of Appeal (Civil Division) in England and Wales, the Court of Session (Inner House) in Scotland and the Court of Appeal in Northern Ireland. The final level of appeal is to the Supreme Court (previously referred to as the House of Lords). Points about the application of European law can be referred by any tribunal or court to the European Court of Justice (ECJ).

Tribunals must take account of any judgments made by the European Court of Human Rights and must interpret the law as far as possible in a way that is compatible with European law. This includes the right to a fair trial. Tribunals have to demonstrate an absence of bias and give both parties the right to state their case and respond to any allegations made against them. The EAT has held that a tribunal which excluded relevant witness evidence acted unfairly (Kilduff v MIND in Bradford EAT/0568/04). However, they cannot hear freestanding claims under the Human Rights Act 1998 (i.e. claims solely about an infringement of an individual’s human rights).

A public register containing the names of the parties and written decisions of the employment tribunals in England, Wales and Scotland is held at the Employment Tribunals Field Support Unit, 100 Southgate Street, Bury St Edmunds, Suffolk IP33 2AQ.