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THE WORK ETHIC
PO Box 28287
Edinburgh
EH9 2WU
Telephone: 0131 662 6988
Fax:0131 667 8175

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Cramond Village
EDINBURGH
EH4 6NT
Telephone: 0131 336 1619

Free EnquiryEmployment Law Tribunals Scotland

If you are an employer having action taken against you, or an employee considering taking an action against your current or former employer, you will often have to deal with the Employment Tribunal. The next question you might ask yourself is what is an Employment Tribunal, how does it operate, and how can it help you.

What is an Employment Law Tribunal?

An Employment Law Tribunal is set up in a similar way to a County Court but deals exclusively with employment law matters. It will decide who, in its opinion, is correct in their claim or defence of a claim. The types of matters it deals with include the following:-

  • Unfair dismissal
  • Redundancy
  • Discrimination
  • National Minimum Wage dispute

Does an Employment Tribunal deal with breach of contract claims?

If your employer or employee has breached a term of their contract, the normal course of action would be to take a claim through the County Court. This is because the Employment Law Tribunal has a financial limit and often contractual claims will exceed this limit. Therefore, in cases involving breach of contract you should take your claim to the County Court.

Time Limits

To ensure your claim can be dealt with properly, you must adhere to the Employment Tribunalís set time limits. Usually, you can only make a claim for unfair dismissal within three months of the date of your dismissal, and in other cases before you can make a claim at all, you will have to have been employed for at least one year.

Before you take any claim in the Employment Tribunal you must raise your complaint with your employer and allow your employer 28 days to respond. Failing to do this may lead to your claim not being accepted.

Payment of your Salary

There are certain types of cases which mean that you can make an immediate application for you to continue to receive your salary whilst you are making your claim. These types of claims are ones that are particularly sensitive and include the following:-

  • Whistle blowing (where you feel you cannot work due to your employer carrying out dangerous or illegal practices)
  • Failure by your employer to allow you to carry out relevant Health & Safety related activities (when it is your position to do so)
  • Being dismissed for taking someone with you to a disciplinary or grievance procedure (when you are allowed to do so)
  • Acting as a worker's representative
  • Dismissal for Trade Union related activities

If you are going to make a claim for immediate payment of your salary and you fit into one of these classes, you must make the claim within seven days of the date of your dismissal.

What happens when you have applied to the Tribunal?

Once you have issued a claim to the Employment Tribunal, ACAS will be notified of your claim and will contact both parties in an attempt to resolve the dispute.

If you are making the claim you will be called the Claimant, and your employer will be called the Respondent.

The claim will proceed through various stages, including interim hearings where the Court will decide what evidence is required and what action each party will need to take before a final hearing.

The Final Hearing

The final hearing will be before three people, one legally qualified chairman and two other people from business or industry.

Outcome of the Employment Tribunal

Once the Employment Tribunal has heard your claim, they will decide the outcome of your application. This can include one of the following:-

  • Re-instatement into your previous position
  • Compensation for your dismissal
  • No compensation payable to you

Summary

The Employment Tribunal is designed to deal with all employment related matters and disputes and is similar to any other legal body dealing with disputes such as a County Court. However, it deals exclusively with employment matters and has its own separate time tables.

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Need An Expert Employment Law Solicitor in Scotland For A Tribunal Claim?

Please call us on 0131 662 6988 or 0131 336 1619 or complete our online enquiry form.

 

Testimonials

"Faced with a complex industrial dispute involving three parties, Callander Golf Club called on the expertise of The Work Ethic to help resolve the situation. Sound legal advice backed by high-level negotiating skills led to an out-of-court settlement to the satisfaction of the Firmís clients."

J Morrison, Callander Golf Club

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