Employment Tribunals adjudicate on claims brought by employees against their employers. These tribunals handle a range of issues arising from the employment relationship. Whether an employee claims unfair dismissal under the Employment Relations Act or wrongful dismissal (breach of contract) under the Employment Tribunals Act, the process shares similarities before, during, and after the hearing.

Similarly, claims involving racial prejudice, color discrimination, sexual discrimination under Equal Opportunity laws or the Employment Rights Act, constructive dismissal (where an employee resigns due to the employer’s conduct), asserting a right to terminate, harassment, or victimization (whether sexual or racial) also fall under the jurisdiction of Employment Tribunals.

The information provided pertains to individual claims rather than collective agreements negotiated by unions in labor relations. These are the types of cases most commonly brought to Employment Tribunals by individual workers concerning employment rights disputes.

The most frequent workplace disputes brought before Employment Tribunals involve complaints about the termination of employment – either unfair dismissal as defined by statute law or wrongful dismissal under common law as a breach of contract within the Employment Tribunal’s jurisdiction.

An Employment Tribunal can typically only address wrongful termination complaints after the employment has ended. This applies even if the employee was on probation, as an employment contract is formed when the employer offers employment and the employee accepts. Employment Tribunal awards usually consist of monetary compensation or a written notice period that is either expressly agreed upon or deemed “reasonable” (typically a minimum of one week’s pay if paid weekly, or one month’s pay if paid monthly). Tribunals also award quantifiable economic losses that were reasonably foreseeable by both parties during the formation of the contract. However, the awarded amount for such losses can sometimes be similar to what County Courts might award.

Unfair dismissal claims can only be initiated in Employment Tribunals. While the maximum compensation for unfair dismissal under employment law can be higher, an employee generally cannot make such a claim unless they have been employed by the employer for at least a year, except in specific circumstances involving protected activities.

Exceptions to the requirement of one year’s employment for an unfair dismissal claim generally include situations where the dismissal is alleged to be due to racial discrimination, disability, religious belief, or harassment related to these protected characteristics. Additionally, if an employee, acting in good faith (whether rightly or wrongly), takes action and faces retaliation for it, or if the employer retaliates for the employee attempting in good faith (rightly or wrongly) to assert a statutory right, the employee may ask the Employment Tribunal to determine the mode of remuneration, issue a declaration, address illegal deductions, or consider if a fault occurred. These exceptions often apply even if the employee’s tenure was short. In such cases, employees have the right to appeal with the assistance of solicitors specializing in employment tribunal matters in London. However, the evidence presented in the complaint is crucial. Employment Tribunals often hold preliminary hearings to assess if the case has exceptional merit. If a hearing before the employment tribunals is successful, back pay for work done less than a month prior may be reduced.

Constitutional labor tribunals typically consist of a legally qualified president and two lay members from acceptable associations. The composition can vary, and proceedings can continue even if one lay member is absent, provided the president (who is often a full-time chairman or a Crown County Court judge acting part-time) is present.

Employment Tribunals are courts of record, and it is generally considered unlawful to subject their members or decisions to criticism, except through appeals to higher courts in a respectful manner that does not constitute contempt of court. The Commission on the Courts typically does not observe these “private” employment tribunal hearings. However, the Employment Tribunals Service, as a public body, may be subject to scrutiny, for example, in cases of alleged maladministration against the mediator (whether under United Kingdom, European Union, or direct law).