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Is the new name for an Employment Chairman from 1st December 2007. The Judge or Chairman can either sit alone or more often than not with two lay members. The Judge is the one with the legal background who oversees the proceedings and deals with the legal issues. When the panel of three sit then the decision comes from the panel although it will be drafted and delivered by the Judge himself.
The Judge has case management powers, discretion and can make certain decisions alone.
The Employment Tribunals are judicial bodies who determine disputes between employers and employees (or unions) over employment rights.
The Employment Tribunals are courts of first instance and their decisions are not legally binding on other Employment Tribunals. If an Employment Tribunal makes an error of law, its decision may become the subject of an appeal to the Employment Appeal Tribunal.
More information can be found on the Employment Tribunals Service website. The website gives information on presenting a complaint, defending a complaint and the tribunal process, as well as providing the mandatory forms that must be used for presenting or defending a complaint.
The European Court of Justice, which is located in Luxembourg city, is the highest Court in the European Union. It has the final say on matters of EU law in order to ensure equal application across the European Union member states.
Article 177 of the EC Treaty declares that references to the European Court of Justice may be made by any court or tribunal of a Member State. The reference will take the form of a question for determination.
The following countries comprise the European Economic Area (EEA):
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.
Iceland, Liechtenstein and Norway are not members of the European Union (EU) but their citizens have the same rights to enter, live in and work in the UK.
EEA and Swiss nationals have a right of residence in the UK if they are working or able to support themselves and their family without the help of public funds. Family is defined as spouse or civil partner, children or grandchildren under 21 or dependent, parents or grandparents and can include dependent extended family members. For students the right is restricted to spouse, civil partner and dependent children. Family members do not have to be nationals of the EEA or Switzerland.
Important note:
Nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia will need to register under the Worker Registration Scheme (WRS) when taking work in the UK. Nationals of Bulgaria and Romania normally need permission to work before they can commence employment in the UK.
Terms of a contract that are expressly agreed between the parties. Express terms can be agreed in writing or verbally.
If a term is not express it may nonetheless form part of a contract if it is an Implied Term.