1. Do Lay Members Influence Tribunal Decisions?
- Author
-
Dickens, L.
- Subjects
Business ,Business, international ,Human resources and labor relations - Abstract
Tribunals were established in the 1960s in an effort to bring legal regulation into industrial relations where needed, without involving the regular courts. Two lay persons sit with a legally qualified chairperson. Although its range of jurisdiction has expanded, the majority of disputes it handles are dismissals. In a survey of tribunal members, members accepted the impartiality expected of them. However some felt their role was subordinate to the judge, not equal. A significant minority of lay members also reported problems in performing their role as they saw it. Members were unanimous in agreeing that their decisions had to conform with the law whether or not the decision was just or sensible. The concept of unfair dismissal is open ended, which gives union and employer tribunal members the ability to help determine the nature of employee rights and employer responsibilities. However because of precedent and ties to the traditional court, it is still the judge's opinion which makes the final decision.
- Published
- 1983