Means of Redress

What to do if you are being discriminated against

Lesson Objectives
1. To investigate the role of industrial tribunals, county courts and Europe as means of redress
2. To investigate how the rights of workers are protected by the law

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Persons discriminated against or who feel they may have been discriminated against may seek redress from the following bodies.
1.Industrial tribunals -
2.County courts - are able to legally enforce the decisions of tribunals
3.European Court of Human Rights
4.The Court of Justice of the European Commission
This lesson will take you through the role of each one

TRIBUNALS
Should an individual employee be against or believe themselves to be so at work, they can take their case to an industrial . Below is a short guide to the work of tribunals and advice to people considering taking their employer to a tribunal courtesy of the BBC website

"A tribunal is a body of people set up to settle disputes between employers and their employees. The arguments over which they preside include maternity rights and equal pay, but they regularly relate to unfair claims.

The tribunal will usually consist of a legally qualified chairman and two laymen whose job it is to decide the outcome of the case. Although similar to civil actions, there are key differences with tribunals. Perhaps the most important point is the fact it is unable to any award it makes - this has to be done via separate application to a court.

Secondly, the strict rules surrounding don’t really apply either, while the parties can present their own case or be represented by anyone at their own cost. There is no legal aid available for such hearings, although trade will often foot the bill for a member’s expenses.

Before pressing ahead there are a couple of points to consider. The level of is normally made up of a basic award and a compensatory . The basic sum is half a week’s gross pay for each year of service in which the employee was below the age of 22; a week’s pay for each completed year between the ages of 22 and 41 and one and a half week’s pay for each year over 41. The maximum number of years is 20. The compensatory award is to make up for loss of , so the actual sum differs depending on individual cases. It can include net pay, overtime payments, bonuses and in some cases pension rights.

The tribunal can declare a party in breach of its of employment, award compensation and insist the person dismissed is . In practice, however, very few re-employment orders will be made. Tribunals can also be very emotional and distressing for all parties. It is likely that personal information will be made public and it will adversely affect your relationship with your former . Only you can decide whether it is the right course of action for you, after you have obtained advice on your individual circumstances.