chapter  9
9 Pages

Tribunal procedures

ByColin Everson

The tribunal will comprise a lawyer, who always takes the chair, sitting with two lay people who have a variety of industrial, commercial and industrial relations experience. Never underestimate the abilities of the tribunal members. They have a wealth of experience of both employment law and of what happens in the’ real world’ of business. Tribunals are held long after the events they refer to. Memories can be hazy, or clouded by emotions, which is another good reason for having supporting written evidence to back up someone’s oral evidence. Frequent reasons for appealing to a tribunal are: unfair dismissal/constructive dismissal, direct sex discrimination, direct race discrimination, indirect discrimination on the grounds of sex or race, and victimization. Dismissal must normally be made for one of a number of specific reasons to be regarded as fair within the law. Tribunal members receive training and updating in tribunal procedures and employment law as changes occur.