Pre-emption of review powers of a tribunal - interesting case that highlights the actual powers a 1st tier tribunal chair has.
A chair of a tribunal in setting out the Statement of Reasons attempted by use of legal "latin" terms to prevent any further appeal by the claimant. This case clearly determines the remit of the chair and the Statement of Reasons.
Click here for the determination.
Why is this important? It demonstrates that you have a set of rights and that in certain circumstances the Chair of a Tribunal can misunderstand and err in law on their remit.
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Rules that govern Employment Tribunals procedures
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
- The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008
Link to the Office of Public Sector Information website
- The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
Link to the Office of Public Sector Information website
- The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2004
Link to the Office of Public Sector Information website
- The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations 2005
http://www.employmenttribunals.gov.uk/RulesLegislation/rulesThatGovern.htm
Employment Tribunals hear claims about matters to do with employment. These include:
- unfair dismissal,
- redundancy payments and
- discrimination.
We also deal with a range of claims relating to wages and other payments. You can get a full list, called a jurisdiction list, from any local tribunal office or the Employment Tribunals public enquiry line on 0845 795 9775.
If you are not sure that your claim is something that an Employment Tribunal can deal with, contact the public enquiry line or ACAS (on 08457 47 47 47 which is open from 0800 to 2000 Monday–Friday and 0900 to 1300 on Saturday)
An Employment Tribunal is like a court but it is not as formal; for example, nobody wears a wig or gown. However, like a court it must act independently and cannot give legal advice. Almost all hearings are open to the public.
http://www.employmenttribunals.gov.uk/AboutUs/aboutUs.htm
The Employment Tribunals are independent judicial bodies who determine disputes between employers and employees over employment rights. Our website provides information about the tribunal's procedures and gives guidance on how you make or respond to a claim.
Administrative support to employment tribunals is provided by the Tribunals Service, an executive agency of the Ministry of Justice (MOJ)
If you are not sure that your complaint is one that an Employment Tribunal can deal with, contact the Employment Tribunals public enquiry line on 08457 959 775 or ACAS helpline on 08457 474747 who will be able to help.
http://www.employmenttribunals.gov.uk/
Useful links
This page contains a number of links to useful organisations and affiliated sites.
Disclaimer
The Employment Tribunal is not responsible for the contents or reliability of the linked websites and does not necessarily endorse the views expressed within them. We cannot guarantee that these links will work all of the time and we have no control over availability of the linked pages.
Provides advice and information on employment legislation,good practice and procedures in employee relations. The Acas website has information from its own range of publications plus contract plus contract details for regional offices and enquiry lines.
Working to develop a framework for employers and employees which promotes a skilled and flexible labour market founded on principles of partnership.
Providing practical help on employment relations regulations and procedures.
Working to create the conditions for business success and help the UK respond to the challenge of globalisation.
Helps people resolve their legal, money and other problems by providing free information and advice.
A free and confidential advice service paid for by legal aid.
Premier lobbying organisation for UK business on national and international issues
Courtel Communications delivers a comprehensive Court List distribution service in electronic format to the UK legal community.
Established with the purpose of creating opportunity, releasing potential and achieving excellence for all.
Promotes opportunity and independence for all, helps individuals achieve their potential through employment and work to end poverty in all its forms.
Employers' organisation focused on disability as it affects business.
A Superior Court of Record dealing mainly with appeals against Employment Tribunal decisions.
On 1 October 2007 the Equality & Human Rights Commissions will take over the work of the Disability Rights Commission (DRC), the Commission for Racial Equality (CRE) Equal Opportunities Commission (EOC) as well as enforcing legislation on age, religion or belief, sexual orientation or transgender status, and encouraging compliance with Human Rights Act 1998.
Largest campaigning pressure group promoting and protecting the interests of the self–employed and owners of small firms.
Responsible for health and safety regulation in Great Britain.
Responsible for the administration of the civil, family and criminal courts in England and Wales.
Provides an initial point of contact for those seeking information and advice, both within the movement, outside agencies and to the general public.
An independent statutory non departmental public body set up under the National Minimum Wage Act 1998 to advise the Government about the National Minimum Wage.
Responsible in government for upholding justice, rights and democracy.
Setting standards, delivering access and encouraging re–use of public sector information.
Supports deaf and hard of hearing people by providing free information via our helplines, running vital services, supporting scientific and technological research, and running the RNID Typetalk telephone relay service.
Designed to provide a user–friendly guide through different aspects of UK employment law.
http://www.employmenttribunals.gov.uk/GenericPages/usefulLinks.htm