Employment Tribunal Hearings: Understanding the Process and Settlement

This article discusses the process of employment tribunal hearings, including case preparation, claim submission, defence, hearing, pre-claim, and settlement. It also explores the benefits of settlement and how it can save time and money. Additionally, the article delves into the concept of employee engagement, its importance, and ways to improve it in the workplace.

ONLINE EXAM

Table of Contents
PART A...........................................................................................................................................2
PART B...........................................................................................................................................3
REFERENCES................................................................................................................................6
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PART A
(a).
The employment tribunal is a statuary jurisdiction to hear many and different kinds of disputes in
regard to employee and employers. Some disputes are very common such as unfair dismissal,
unequal payroll and employment discrimination in the organisation. However, it has been asked
by the line manger brief about the employment tribunal hearings where it simply refers as a
process of hearings in the terms and regard to employment where the judiciary has to take the
decision after listening to the evidence and judgements which are delivered. Here, mentioning
the entire process in steps which will help to understand it in better manner.
Case preparation: At first, it is important to prepare and understand the employment tribunal
case and why this case has been registered and by what purpose. It is essential and necessary to
get the brief education and information about the situation which is happening and what
resources and things is required which can help them to show as evidence based on the case.
Claim: Employee has to submit an ET1 claim from the employment tribunal where usually 3
months of complaint has caused. Also, a person who is doing a case has not to pay any fee for
making a claim to an employment tribunal.
Defence: The defender will also state the speech and evidence and protecting themselves from
being guilty in the case where this is the time to convey the information and speech to the
judiciary in favour of the defender.
Hearing: The hearing is where the ET will read the bundle listen to evidence and proof from
witness to make a definite decision on the outcome. There are segregated gearings where the
final hearing will be conducted where the final decision will take place and announced the
statement.
Pre-claim: These steps consider the pre-claim where it is a process through which a request for
obtaining the provisional affirmation which is submitted for review before a final claim is
submitted.
Settlement: In the settlement it settle down the case between the both parties where it can be
done by paying the monetary benefits and giving all the loss where the party has to compensate
for the injury and difficulty of the person who claimed the case.
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(b).
The employer who agree the claim or accepted that the unfair dismissal claims decided by the
voluntary arbitration by the employment tribunal can get the advantage where the employer can
be able to get negotiate the amount which will help them to not move the case forward and can
save the reputation of the company as well. While running of the case, the defender lawyer
always give the offer of negotiation where the employer has the benefit to accept that offer and
save up their time and money in definite manner. Setting up the unfair dismissal claim will be
beneficial for both the parties and can provide the fair and quick outcome where it will also
avoid the unnecessary resources, time and money in the case and hearings. Early negotiation will
reduce the time and cost associated with preparing the contested hearing and also allow the both
parties to move the dispute as soon as they can where the privacy and confidentially will also be
able to maintained and protects both parties image and reputation. Settlement is the best process
and thing in the employment tribunal and can ensure to not harm the reputation of the company
or an organisation where it is the major concern for the employer.
PART B
Question 2
Degree of coverage: It is the coverage rather than only trade union density which is essential to
measure up the relevance of the system.
Level of bargaining: This defines the unit to negotiate to the firm or any organisation.
Negotiate wages: It is the system where the employers have the right to negative the wage to the
employer.
Non-wage working condition: This can include the non profit organisation where people work
for not wages and just for welfare of the society and community.
Degree of flexibility: Sector or national agreements may differ substantially in the degree of
flexibility they provide to firms.
Co-ordination: Wage co-ordination between sectoral agreements
Coverage: It is referring the unions, employers and extensions.
Level: It is between the firm and sector and national organisations.
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Question 5
a).
Direct discrimination simply refers as when laws and legislation explicit a particular ground for
example sex, race and such more which deny to equal opportunities. In general it can be
understand by where an individual person at any place be get discriminated worse than someone
else for certain reasons. The Equality Act 2010 has been made in regard to direct discrimination
where the civil courts are responsible for taking the actions. This discrimination can be done in
regard to age, disability, gender, race, sex , pregnancy and much more where the government has
made and announced a legislation in favour of this kind of discrimination and helps the people to
not get the negative impact on them and suffer from any kind of discrimination. Whereas the
indirect discrimination defines where the rule and polices has been made for the entire public and
people in the same way but puts the worst impact on the people than others. The rule can be
formal and informal where it links with the decision like arrangement, criteria, qualifications and
any provisions. The anti discrimination law has been made for protecting and saving the group of
people from the any kind of discrimination which takes place. This type of discrimination mostly
take place at the workplaces and organisation where the people discriminate the other people in
context of age, gender, sex and for such more reasons. For example, there are many organisation
where people leads to get discriminated by their religion and cast which is illegal and punishable
by the UK government.
b).
Communication issues: In the promotion of the workplace diversity the communication issue
and limitation is the main and major reason from where the company suffers from loses due to
ineffective working environment. The communication is the most important factor which should
be considered by the people at the workplaces from where they can be able to diversity the
culture and people at the workplace in the effective manner. Thus, the companies should keep
their focus on communication areas and required to engage the employee to each other.
Develop organisational policy: There are many companies who do not focus on their
organisational policy which is another limitation for the company to promote the diversity at the
workplace. The companies are required to develop the organisational policy which will develop
and help the organisation to build and foster the diversify environments.
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Team working program: Another limitation is lack of team working program which leads the
company to obtain the ineffectiveness and improper collaboration between the employees.
Providing the regular training will emerge the employee and staff members to connect and
interact with each other in definite manner.
Emphasize respect: Respect is the major factor which an individual should give to others. By
respecting each other job role and culture will help them to interact with each other in effective
manner.
Question 6
What is meant by the concept of ‘employee engagement’?
Employee engagement simply refers as a collaboration and interaction which is important in the
workplace which will help the company to increase and improve the productivity. This process is
the responsibility of the human resource management that describe that the employee interaction
with the management is important to foster the company growth and development.
How important is it for employees to be ‘engaged’ at work?
Engaging the employee is the crucial act where employers has to retain and value the talent of
the employee and should require providing the satisfaction from where the employee can be able
to feel comfortable and can stay in the company for a longer period. Along with this, it will also
help the employer to understand the value of the employee from where the company can be able
to grow and develop in definite manner and will deliver the appropriate results and outcome.
What, if anything, could employers do to improve engagement levels in their organization?
It can be improved by the employers making the individual employee to feel an important and
valuable part of the company from where the employee will be able to stay in the company for
long period. The focus on the employer should be on an individual employee and deliver the
attention their issues will also help them to retain. Regular training and coaching is also a
beneficial method which can be used by the employer where it will increase the employee skill
and ability and make them to grow and developing their professional life.
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