Employment Claims Act 2016 · 2020 Revised Edition · Part 3 · Employment Claims
20. Hearing to be informal, etc.
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Proceedings before a tribunal are to be conducted in an informal manner.
tribunal
“tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970;
A tribunal, when dealing with any claim, is to adopt a judge‑led approach, that is to say, the tribunal —
claim
“claim” means a claim lodged with a tribunal, and includes a counterclaim lodged with a tribunal;
is to identify the relevant issues in the claim; and
is to ensure that the relevant evidence is adduced by the parties to the proceedings before the tribunal.
In adopting a judge‑led approach, a tribunal may, at any time, on its own initiative or on the application of any party to the proceedings before the tribunal, direct any party or parties to those proceedings to appear before the tribunal, for the tribunal to make such order or give such direction as the tribunal thinks fit, for the just, expeditious and economical disposal of the claim.
A tribunal may, on its own initiative or at the request of any party, summon any person to do either or both of the following:
give evidence in any proceedings before a tribunal;
produce any document, record or thing which is relevant in any proceedings before a tribunal.
A tribunal may inquire into any matter which the tribunal considers relevant to a claim, whether or not the matter is raised by a party to the claim.
When deciding any claim for employment assistance payment, or calculating the amount of an employment assistance payment, a tribunal may take into account the tripartite guidelines on re‑employment.
employment assistance payment
“employment assistance payment” has the meaning given by section 2(1) of the Retirement and Re‑employment Act 1993;
When deciding any claim involving a wrongful dismissal dispute, a tribunal —
wrongful dismissal dispute
“wrongful dismissal dispute” means a dispute, relating to the dismissal of an employee, specified in the Third Schedule.
is to have regard to the tripartite guidelines on wrongful dismissal; and
if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1).
To avoid doubt, if any party to any proceedings before a tribunal, without reasonable excuse, fails to attend those proceedings, a tribunal may hear the claim and make its decision in the absence of that party, even if the interests of that party may be prejudicially affected by the decision of the tribunal.