- Introduction
- Contract of Employment
- Disciplinary Procedures
- Employee Handbooks
- Redundancy
- Restrictive Covenants
- Unfair Dismissal
- Discrimination
- Equal Pay
- Maternity Leave
- Holidays
- Compromise Agreements
- Employment Tribunals
- Bringing a Claim
- The Claim
- Reply To The Claim
- ACAS
- Directions
- Hearings
- Remedies
- Review & Costs
- Press Articles
- Contact The Team
Hearings
Preliminary Hearings
Occasionally, the Tribunal may fix a preliminary hearing to consider particular
matters, for example whether the claim was submitted to the Tribunal in time,
whether the Claimant has sufficient length of service to bring the claim or, in
TUPE claims, whether there was a transfer of a business. The Tribunal may
also decide to strike out a claim or response form if it considers the claim has
no prospect of success or the response has no prospect of defending the claim.
A striking out has the effect of preventing the Claimant proceeding with his claim
or preventing the Respondent from defending the claim.
Full Hearing
At the full hearing, the Tribunal panel usually consists of a Chairman, who is
legally qualified, and two public members. They are chosen from panels
representing employers and employees, for example the CBI or trade unions.
Most hearings are held in public and usually follow a set procedure, although
this can be varied by the Chairman. In most cases the Claimant's representative
presents his/her case first since he/she will have to prove the allegations made
in the Claim Form. However in cases where the employer has dismissed the
employee, the employer will go first, to prove to the Tribunal whether there
has been a dismissal and if the reason for dismissal is fair.
The parties' representatives present their evidence to the Tribunal, by calling
witnesses and reference to documents. The witnesses will usually give their
evidence as set out in their statements. The Tribunal may ask the witness to
read aloud their statements or they may accept the written statements as
evidence, and simply allow cross-examination of the witness by the other
party's representatives. Following cross examination the representative
of the party who called the witness has the opportunity to re-examine (ask
further questions of) the witness but limited to matters which were raised
during cross examination.
After all witness evidence has been presented both parties' representatives
are invited to make closing speeches to the Tribunal panel on the evidence
presented at the hearing and to direct the Tribunal to the relevant area of
law and any previous cases which may help the Tribunal decide the claim.
The Tribunal will either reach a decision on the day of the hearing or will
reserve their decision to a later date at which time it will be sent in writing
to the parties. The Tribunal may either determine liability only (i.e. whether
the claim has succeeded or failed) or it may decide on both liability and remedy
( i.e. what compensation, if any is due). If the decision is on liability only the
Tribunal will fix another hearing to consider remedies.