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Employment Tribunal and the Employment Appeals Tribunal - Assignment Example

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This assignment "Employment Tribunal and the Employment Appeals Tribunal" focuses on the Employment tribunal and its role in resolving workplace disputes and the relationship between the Employment Tribunals and the Employment Appeals Tribunal. …
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Employment Tribunal and the Employment Appeals Tribunal
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Download file to see previous pages Employees can make contractual claims in the Employment Tribunal only after their employment has ended and the Tribunal in such cases can only award up to £ 25,000. The Tribunal cannot also try cases involving personal injury, breach of an agreement to provide accommodation by the employer to the employee, breach of agreement in respect of intellectual property, breach of the agreement of confidentiality or breach of agreement in restraint of trade which can only be heard by courts (Nairns, 2008). The statutory limit of the claim of £ 25,000 cannot be circumvented by making a claim for damages for wrongful dismissal for the maximum amount before the tribunal and making another claim for the balance of damages in the High Court by splitting the same cause of action into two as held in Fraser v HLMAD (2006).
An employment tribunal is a machinery for dispute resolution. An employment tribunal can be approached by parties after the expiry of the conciliation period. Rule 22 of the Employment Tribunals (Constitution and Rules of Procedure) Regulation 2004 bars a tribunal from hearing any case other than cases of discrimination, equal pay and whistleblowing until the expiry of the prescribed conciliation period of 13 weeks or 7 weeks from the date of the claim made to the respondent depending upon the nature disputes. For disputes of technical nature such as deduction from wages, time off work, breach of contract, redundancy payments and paid annual leave, a lesser period of seven days conciliation applies. The standard conciliation period can be extended by two weeks if there are prospects of settlement as may be considered by ACAS whose duty is to promote the improvement of industrial relations. The judicial dispute resolution starts with employment tribunals which were originally created by the Industrial Training Act 1964 and given common law jurisdiction to adjudicate claims for breach of contract by the termination of employment.  ...Download file to see next pagesRead More
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