2004 was a good year for bad ideas in the employment litigation field. One of the minor bits of foolishness was to limit the involvement…
We’ve added a Resources page to the site that gives information about other useful information.
here are two sources of law in the employment tribunals. One is legislation: the law passed by Parliament. The other is case-law, some of which consists in the courts’ interpretations and explanations of legislation, and some of which is what is called ‘common law’ – law that doesn’t come from legislation at all, but has been developed over the years by the courts.
These are broad headings. They do not take into account the differences between Acts of Parliament and Regulations. Or deal with the significant role European legislation and case-law has on tribunals.
The point is that there is a lot of useful information out there that is not the law.
Many appeal cases are not finally resolved by Employment Appeal Tribunal. So when running an appeal case, you need to consider the possibility of it returning to the tribunal. Lawyers often describe this as a case being remitted.
Do you have any practical insights about running an employment tribunal case that you would be willing to share with other users of this blog? If so, please email us: ideas@etclaims.co.uk. If we decide to use your idea, we will credit it to you (unless you tell us you would prefer to remain anonymous).
Respondents’ lawyers often say that they will apply for costs in the employment tribunal if the claim is not withdrawn or settled. Sometimes they say that they will apply for ‘up to £10,000,’ and sometimes they threaten even larger sums.
A lot of legislation is in the form “Something will be true, in the following circumstances”. For example, Section 1 of the Sex Discrimination Act 1975 begins “…a person discriminates against a woman if-“, then goes on to describe the situations that will be Direct Sex Discrimination.
Statutes, and the law they create, are often complex and these provisions can be difficult to understand. A common mistake is confusing circumstances linked by ‘and’ with those linked by ‘or’, and vice versa.
There will be a water jug and some plastic cups on the table that you sit at when you present your case in the employment…
You will often see people in tribunals responding to what a witness or litigant is saying.
They may raise their eyebrows; roll their eyes; suck their teeth; make the sound ‘tsk’; sigh deeply, grimace horribly or some combination of these and other things.