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 issue 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 widespread type 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 major objectives and procedures. It also sets out issues such as time limits for creating a claim and dealing with requests for reviews. If an employee is generating a claim, they have to present a claim form to an employment tribunal workplace within the suitable time limit given. Even if the claim form is delivered late, then the workplace is not at liberty to hear it and the claim might be dismissed all together on that basis alone.

The defending party whihc is usually the employer has to send a response form within 28 days of becoming given the claim form by the employment tribunal. If they fail to send in the response form inside that time period for any reason, it will be debarred from taking part in the court proceedings consequently it will proceed without having 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 specific details should be provided in the form to constitute it as valid.

Time limits are extremely strict and crucial rules to abide by. The typical time limit for producing a claim against an employer is 3 months from the date of the complaint. The tribunal could extend the time where specific conditions are met, which will depend on the individual complaint bring to court. Unfair dismissal, breach of contract, unlawful deduction from wages and other comparable scenarios can be only regarded as if it was not reasonably practicable for the claim to have been presented within the three month period, and if it can be presented inside a reasonable time following. This is on the party bringing the claim to prove these points. Nonetheless, in discrimination situations, the time limit of 3 months is more flexible, which indicates a claim can be heard right after the three month period if it is deemed just and equitable to do so.