Unlocking the Mystery of Employment Tribunals: A Guide to Decisions and Outcomes

When disputes arise between employers and employees, Employment Tribunals serve as a key platform for resolving conflicts. The Tribunal's decision, referred to as a Judgement, is legally binding and aims to reach a fair and equitable outcome for the parties involved. Additionally, the Tribunal can issue various other resolutions, such as interim orders, consent orders, or recommendations for mediation, providing flexibility to address the specific needs of each case.

Types of Tribunal Decisions:

Decisions without a Hearing: In some cases, the Tribunal may decide a matter without a formal hearing. A Judge's signed decision is communicated in writing (letter or email) to the parties involved. These decisions often include case-management orders, extensions of time, or orders to strike out a claim. If parties disagree with decisions, they can apply for a variation or revocation directly to the Tribunal.

Interlocutory Decisions: These decisions are usually made during a preliminary hearing and often include issuing a deposit order if the Tribunal believes some or all of the claim or response is unlikely to succeed. If the party proceeds to the hearing and fails to establish liability, they may incur a costs order.

Other potential decisions at a preliminary hearing include:

• Striking out a claim.
• Reconsidering a decision, such as dismissing a claim/response or failing to comply with an unless order.
• Reviewing applications to vary or lift a privacy or restricted reporting order.

Judgements: At the conclusion of a final hearing, the Tribunal issues a Judgement, which may cover the outcome of a claim regarding liability, remedy, or costs. Judgements can address both liability and remedy or focus solely on liability with a remedy determined later. Liability pertains to responsibility for acts or omissions, while remedy involves compensation for the aggrieved party.

The Judgement will detail the Tribunal's decisions on each claim heard and the underlying rationale. The Judge will either deliver the judgement verbally during the hearing or provide them as a reserved Judgement, which is subsequently sent to the parties in writing.

Tribunals strive for unanimity in their decisions but may rely on a majority vote if the panel contains three members. In cases where the panel consists of only two members, the Judge holds an additional 'casting' vote.

Public Registration of Judgements

Tribunal Judgements, including the decision and written explanations, are archived on a public register, aligning with the principle of 'open justice', a cornerstone of the legal system. This transparency can have varying impacts on the parties involved as the specifics of each case become accessible to the public.

Friendly help and advice

For expert advice and support on Employment Tribunals and the decision-making process, contact our Employment Litigation team on 023 8063 9311 or via email at enquiries@warnergoodman.co.uk.