Employment Tribunal System

Read Complete Research Material

EMPLOYMENT TRIBUNAL SYSTEM

Employment Tribunal Systems

[Institution Name]

Employment Tribunal Systems

Labour disputes refer to disputes between employers and employees, or between employees themselves, they may be collective or individual. In the United Kingdom, the disputes are settled through negotiation and consultation, while labour disputes which are settled against individuals through procedures judicial or extrajudicial.

The judicial system also includes certain specialized courts (Called Tribunals), created to resolve disputes arising from enforcement of a law or a series of specialized laws (Steve, 2011, pp. 21). Generally, each court has its own special composition, its own procedural rules and its own jurisdiction. The Tribunal members are rarely professional judges but more often designated persons because of their knowledge and experience or they belong to a certain institution. March 11, 2003, the Lord Chancellor announced the creation of a system unified courts (United Tribunals Service) which will be implemented during the next year. This unified system will combine the services of the largest specialized courts such as those related to work (Employment Tribunals), taxation (Tax Court), immigration (Immigration Appellate Authority) and real estate (Lands Tribunal).

In the UK, the first judicial settlement of conflicts Labour law is the Labour Court (Employment Tribunal and the second called court Industrial (industrial tribunal) until 1998. According to the law on employment tribunals, the conciliator has a duty to encourage a settlement of the dispute without recourse to the Labour Court, or the request of the parties concerned or, in the absence of such a request, if the conciliator considers that it can carry out this mission with a chance reasonable success (White, 2011, par. 9). The conciliator may be entered either by the parties acting voluntarily or by the court. Indeed, the law provides that in certain cases - e.g. those relating to discrimination, minimum wage, etc. - a copy of any application made to the Labour Court should be addressed by the court to a conciliator (Conciliation officer). Exchange between a party and the conciliator are not admitted as evidence before the Labour Court, except with the consent of the person transmitted to the affected part conciliator. If the parties reach an agreement following conciliation, it will be recorded in writing.

The advantages of tribunals over regular courts are clear: the comparative cheapness of the process, access to a wide range of people, the lack of legal complexities inherent in litigation, the availability of special knowledge and experience in this field. The system of tribunals and the Labour Court of Great Britain can be divided into courts of England and Wales and the courts of Scotland. The activities of both are regulated by separate legislation, although the differences between them lie mainly in the terminology used. This article focuses primarily on the British system. Disputes (Steve, 2011, pp. 21) Tribunals jurisdiction of a labour dispute, are listed in many laws and somehow relate to labour relations. In particular, disputes relating to breaches of employment contracts, wrongful dismissal, and discrimination based on gender, race, trade union rights violations, and legislation on occupational ...
Related Ads
  • Uk Legal System
    www.researchomatic.com...

    Moreover, it is possible to rely on the Convention i ...

  • Employment Systems
    www.researchomatic.com...

    EMPLOYMENT SYSTEMS Compare and contrast internationa ...

  • Employment Law
    www.researchomatic.com...

    2-1 All employees have a right under employment law ...

  • Employment Relations Regu...
    www.researchomatic.com...

    Employment Relations Regulatory Regime Changed Under ...

  • Diversity
    www.researchomatic.com...

    One legislative body dealing with enforcing employme ...