Scotland Employment Tribunals Guide
An Employment Tribunal is similar to a County Court but it deals exclusively with employment related matters. It will receive evidence from each of the parties and make its decision and can deal with the following types of situations:-
1. Unfair dismissal claims.
2. Redundancy claims.
4. Disputes regarding the national or minimum wage.
Wrongful Dismissal Claims
If you have a claim for wrongful dismissal you would typically not take this action to the Employment Tribunal. The reason for this is that the amount of compensation they can award is limited and quite often a claim for wrongful dismissal will go beyond the limit obtainable for compensation there. consequently, it makes much more sense to take your claim for wrongful dismissal to the County Court.
There are certain time limits that must be adhered to, to ensure a claim can be heard. For example, a claim for unfair dismissal must be made within three months of the date of the dismissal, and in other situations the employee will have to have one year’s continuous employment before they can make a claim.
Before the claim is issued you must raise your complaint with your employer and they must be allowed twenty eight days to respond. If you do not take this action your claim may be rejected until you do so.
Payment of your salary whilst your claim continues
There are certain types of serious claims which allow an employee to make an immediate application to the tribunal for you to continue to receive your salary. The following are the types of claims for which you can make this application:-
o Whistleblowing (where your employer is carrying out dangerous or illegal practices). Failure to allow you to carry out applicable health and safety related activities when it is your job to do so.
o Taking someone with you to a disciplinary or grievance procedure and being dismissed for doing so.
o Acting as a worker’s representative in a disciplinary or grievance procedure.
o Trade Union related dismissals.
A claim for immediate payment of your salary must be made within seven days of the date of your dismissal.
What is the time of action for an Employment Tribunal application?
Once you have raised your application, ACAS will receive details of your claim and will contact you and your employer. They will attempt to resolve the argument by negotiation.
If you are unable to settle the claim, the claim will continue by various hearings until finally the Employment Tribunal hear your application.
Once all the evidence has been obtained, the Tribunal will consider the claim and make their decision. The Tribunal consists of three people, one legally qualified chairman and two other people from industry or the business sector.
The Employment Tribunal can make one of the following decisions:-
o Reinstate you to your past position of employment.
o Compensate you for your dismissal.
o Order that no compensation is payable to you.
The Employment Tribunal deals with all employment related matters and disputes and has similar powers to the County Court. However, dealing exclusively with employment matters makes it more focused and knowledgeable on these types of disputes. The only time you would not take an employment matter action there would be for wrongful dismissal where the compensation awarded in the Employment Tribunal would be capped.