An Employment Tribunal is a specialist court in the UK that hears disputes between employers and employees over employment rights. It is part of the UK tribunals system, administered by the HM Courts and Tribunals Service, and operates independently within the judicial system.
Key Functions:
Resolves claims related to unfair dismissal, discrimination, unlawful wage deductions, redundancy payments, maternity/paternity rights, and failure to provide written terms of employment.
Decisions are legally binding and made by an Employment Judge, often supported by two lay members (non-legal members) in complex cases—typically one from a trade union background and one from an employer or HR background.
Jurisdiction:
Separate tribunals exist for England and Wales and Scotland, due to differences in civil law.
Claims must generally be made within three months minus one day of the incident, and early conciliation through Acas is usually required before a claim can be filed.
Process & Formality:
The process is less formal than a regular court, with no special court dress and flexible procedures to ensure fair participation.
Parties may represent themselves, be represented by a friend or relative, or use a solicitor.
Tribunals are required to provide written reasons for their decisions, which include the legal and factual basis for the ruling.
Appeals:
Decisions can be appealed to the Employment Appeal Tribunal if there is a legal error or significant procedural issue.
Note: The term “employment tribunal” refers specifically to the UK system. In Canada, similar bodies exist—such as the British Columbia Employment Standards Tribunal—but they operate under different laws and jurisdictions.
What are the Employment Tribunals?
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