Employment Law

If an employee has any kind of dispute or grievance against its employer that has gone beyond the point of mediation or any informal resolution, the concern will be brought into the employment tribunals. These are non-departmental public bodies in England, Wales and Scotland, they have statutory jurisdiction to hear disputes. The most common kind of disputes that come to the employment tribunals are unfair dismissal, redundancy payments and employment discrimination. The Tribunals are well regulated and supervised by the Administrative Justice and Tribunals Council.

Employment tribunals are governed by the Employment Tribunals Rules of Procedures which sets out the Tribunals primary objectives and procedures. It also sets out problems such as time limits for making a claim and dealing with requests for reviews. If an employee is making a claim, they have to present a claim form to an employment tribunal office within the appropriate time limit given. Even if the claim form is delivered late, then the office is not at liberty to hear it and the claim may be dismissed all together on that basis alone.

The defending party whihc is normally the employer has to send a response form within 28 days of being given the claim form by the employment tribunal. If they fail to send in the response form within that time period for any reason, it will be debarred from taking part in the court proceedings as a result it will proceed with out a defence. If the employment tribunal is unhappy with the way that the claim form or response form has been presented, then it can reject them as particular info ought to be provided in the form to constitute it as valid.

Time limits are really strict and critical rules to abide by. The typical time limit for making a claim against an employer is 3 months from the date of the complaint. The tribunal may well extend the time where particular conditions are met, which will depend on the individual complaint bring to court. Unfair dismissal, breach of contract, unlawful deduction from wages and other similar scenarios can be only considered if it was not reasonably practicable for the claim to have been presented within the 3 month period, and if it can be presented within a reasonable time after. This is on the party bringing the claim to prove these points. However, in discrimination instances, the time limit of three months is far more flexible, which indicates a claim can be heard after the three month period if it is regarded as just and equitable to do so.