employment tribunal
(ET) Any of the bodies established under the employment protection legislation to hear and rule on certain disputes between employers and employees or trade unions relating to statutory terms and conditions of employment. In England and Wales, the employment tribunal most widely recognized as such is that which sits within the court and tribunal system. Originally called industrial tribunals, the employment tribunals were renamed in 1998. They are governed by the Employment Tribunals Act 1996. The tribunals hear, amongst other cases, complaints concerning unfair dismissal, redundancy, discrimination, equal pay, maternity rights, and complaints of unlawful deductions from wages. Tribunals sit in local centres in public and may consist of a legally qualified chairman (the employment judge) and two independent laymen, although employment judges may also sit alone. However, since the enactment of the Enterprise and Regulatory Reform Act 2013 and the Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020, non-specialist “legal officers” are now permitted to decide on certain delegated claims, where the parties agree. This is aimed at speeding up the process. In 2013 fees were introduced, which meant anyone wishing to bring a claim would be charged. However, the Supreme Court of the United Kingdom later held in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that the charging of fees was unlawful, in so far as cost presented a barrier to justice. A tribunal cannot enforce its own awards (this must be done by separate application to the courts). A tribunal can conduct its proceedings informally, and strict rules of evidence need not apply and the parties can present their own case or be represented by anyone they wish at their own expense. The tribunal has powers to declare a dismissal unfair and to award compensation, which is the usual remedy, but they also have power to order the reinstatement or re-engagement of a dismissed employee.

The tribunal does not generally order either party to pay the costs of the other, except when the claim is frivolous, vexatious, misconceived, or improperly conducted.

The Enterprise and Regulatory Reform Act 2013 gives tribunals the discretion to impose a financial penalty on an employer where there has been a breach of a worker’s employment rights and the tribunal considers that the employer’s behaviour in committing the breach had one or more aggravating features, such as malice, or where the employer has repeatedly breached those rights. The maximum penalty is £5,000. If the employer complies within 21 days the penalty is reduced by 50%. The penalty is payable to the Government, not the claimant.

An appeal on a point of law arising from any decision by an employment tribunal may be heard by the Employment Appeal Tribunal.

https://www.gov.uk/courts-tribunals/employment-tribunal

• Employment tribunals section of the Gov.uk website

• heirs of the body
• Helms-Burton Act
• help at court
• hereditament
• heritage property
• Her Majesty’s Stationery Office
• HHSRS
• high contracting parties
• High Court Enforcement Officer
• High Court of Justice
• high hedges
• high seas
• highway
• hijacking
• hire
• hire purchase
• historic buildings
• HMOs
• HM Procurator General
• HM Revenue and Customs
• HMSO
• holder
• holding company
• holding out
• holding over