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Chapter 1

Tribunals

Tribunals are also an important part of the English legal system and are an
alternative to using the court system to settle a dispute.

Employment tribunals are established to hear disputes between an employee and
their employer on certain statutory employment matters, such as unfair dismissal
(see Chapter 4).

Employment tribunals are composed of one employment judge, plus two expert
laymen who are drawn from panels representing both sides of the industry.

Appeals are to the employment appeal tribunal (EAT) and can only be made on a
point of law.

The EAT is composed of one High Court judge, plus two or four expert laymen.

Court v Tribunal

Court Tribunal

Expertise Case may not be heard by Case will heard by
a specialist in that someone who has
particular area of law. expertise in that area.

Speed A slower process. A much quicker process

Cost Legal aid maybe available Legal aid is not available
but if not can be an (except for land tribunals
expensive process. and EAT’s) but can be a
much cheaper procedure.

Proceedings Strict rules relating to Much less formal and can
evidence, pleading and be less intimidating.
procedure.

Decisions Are bound by the doctrine Not bound by the doctrine
of judicial precedent, of judicial precedent,
therefore making therefore risk of making
consistent decisions. inconsistent decisions.

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