Managing resources in a business context - Assignment Example

Employment Tribunals and UK Fleming (1992) pointed out that forming a tribunal can help employees to seek justice from legal authority which can protect their interest. According to common employment law rule, employers or companies are vicariously liable for any sort of torts they have applied on employees. But, definition of employment tribunal covers large areas such as physical harassment, payment delay or no payment, sexual harassment, gender discrimination, racial discrimination etc. In such context, Brodie (2007) has given the example of the case Hamlyn v.

John Houston & Co [1903], where court has given the verdict that employers should bear equal responsibility for losses or profit made by employees. Weekes (2004) gave the case example of Kooragang Investments Pty Ltd v. Richardson Ltd [1984]; wrongful act of employees can even cause harm to reputation of the organization. It is evident from the above argument that role of Employment Tribunals is hotly debated topic among research scholars. In UK, employees can go to Employment Tribunals only for three reasons such as 1- unfair dismissal of the employee, 2- any kind of discrimination conducted by the employer on employee and 3- unfair deduction of payment (UK Government, 2013a).

Lee (2001) and Selmi (2000) pointed out those issues like sexual harassment or gender based discrimination have been long ignored by Employment Tribunals. Same is the condition with UK Employment Tribunal where there are no separate provisions for gender based discriminations. However, the tribunal uses following procedures to settle down disputes between employee and employer. Claim Presentation & Response Employees need to submit the completed claim form to tribunal office located in England and Wales or Scotland.

Location of the tribunal office is decided as per the location of the business or employer which has violated the legal norms regarding employee management. Tribunal office can reject the claim of the employee or nullify the validity of the dispute if the claim has not made through claim form or the claimant fails to provide information regarding his/her identity (UK Government, 2013b). After receiving the claim, the tribunal office sends the response form to claimant in order to specify detail description of the dispute and the claimant has to return back the response sheet within four weeks.

Case Management & Decision There are various steps before the dispute proceeding reaches the stage for case management phase but discussion of these cases is beyond the scope of this paper. During case management phase, judges in the Employment Tribunal ask lawyer for employee and employer to bring evidences which can substantiate their argument. Both employee and employer get 14 days prior notice to appear in the tribunal panel. Employment Tribunal has the authority to disclose any document regarding the case and has the authority to remove false evidences or irrelevant parties from the case (UK Government, 2013b).

It is duty of the employee to report about wrongdoings of employer within 90days of the incident otherwise the claim will be rejected. Number of hearing in the case management phase is decided by the judges in the Employment Tribunal. However, at the end of the case hearings, judges of the tribunal announce the decision regarding the case. The decision of the Employment