Gavin Howe
Tribunals are specialist judicial bodies in the UK that decide disputes in particular areas of law. They cover a wide range of topics affecting day-to-day life, such as employment, immigration, and education. Tribunals are designed to be accessible without legal representation, though parties may choose to have legal representation if they wish. They are created by statute to deal with regulatory, disciplinary, or administrative matters and can be UK-wide or specific to one jurisdiction, such as England, Wales, Scotland, or Northern Ireland.
| Characteristics | Values |
|---|---|
| Number of legal jurisdictions in the UK | 3 |
| Jurisdiction covered | Some tribunals cover the whole of the UK, while others cover only one jurisdiction |
| Tribunal appointments | Most are held on a fee-paid basis, with around 500 salaried Tribunal Judges |
| Tribunal appointments made through | Most are made through the Judicial Appointments Commission |
| Tribunal procedures | Resemble those of a court of law, but common law and legislative rules about court proceedings do not apply directly |
| Accessibility | Majority are designed to be accessible without legal representation |
| Powers | Limited powers to impose fines and penalties, award compensation and costs, or decide on benefits, leave to stay in the UK, or special educational help for children |
| Enforcement | Ordinary courts enforce tribunal decisions in cases of difficulty |
| Funds | Tribunals do not usually hold funds or order deposits |
| Topics covered | Wide range of topics affecting day-to-day life |
| Examples | Employment Tribunal, First-Tier Tribunal Immigration and Asylum Chamber, Competition Appeal Tribunal |
| Tribunal structure | Unified structure created by the Tribunals, Courts and Enforcement Act 2007 |
| Legally qualified members | Recognised as members of the judiciary of the United Kingdom and guaranteed judicial independence |
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What You'll Learn
Tribunal structure
The UK tribunal system covers three legal jurisdictions: England and Wales, Northern Ireland, and Scotland. Some tribunals cover the whole of the UK, while others cover only one jurisdiction. This is because there are significant differences between the procedures of, for instance, Scots civil law and English civil law. Some courts are duplicated in different jurisdictions, such as the Employment Tribunal.
The Tribunals, Courts and Enforcement Act 2007 created a new unified structure for tribunals and recognises legally qualified members of tribunals as members of the judiciary of the United Kingdom who are guaranteed continued judicial independence. Most tribunal appointments are made through the Judicial Appointments Commission and must meet the statutory qualification necessary for the particular tribunal.
His Majesty's Courts and Tribunals Service (HMCTS) administers a two-tier tribunal system: a First-tier Tribunal and an Upper Tribunal, both of which are split into Chambers. Each Chamber comprises similar jurisdictions or brings together similar types of experts to hear appeals. The Upper Tribunal primarily, but not exclusively, reviews and decides appeals arising from the First-tier Tribunal.
The First-tier Tribunal hears appeals from citizens against decisions made by Government departments or agencies, although proceedings in the Property Chamber are on a party-vs-party basis, as are proceedings in the Employment Tribunals. Employment Tribunals are composed of a judge sitting alone or, in certain types of cases, as a judge and two non-legal members. Their powers (depending on the jurisdiction in question) include awarding compensation, ordering re-employment, and making recommendations in discrimination cases.
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Tribunal jurisdiction
The UK has three legal jurisdictions: England and Wales, Northern Ireland, and Scotland. Tribunals may cover the whole of the UK or just one jurisdiction. For example, the Asylum and Immigration Tribunal has jurisdiction over the whole of the UK, while mental health tribunals cover England only.
The Tribunals, Courts and Enforcement Act 2007 created a unified structure for tribunals, recognising legally qualified tribunal members as members of the judiciary of the United Kingdom, with continued judicial independence. The majority of tribunals are designed to be accessible without legal representation, though parties may choose to have a solicitor, barrister, or lay representation. Tribunal judges are legally qualified and responsible for ensuring the tribunal hearings they chair make the correct decision in law. They often help guide non-legally qualified parties through the procedures.
Tribunals cover a wide range of topics affecting day-to-day life. For example, the First-Tier Tribunal hears appeals from citizens against decisions made by government departments or agencies. Employment Tribunals are another example of a tribunal that deals with disputes between workers and employers. Employment Tribunals have the power to award compensation, order re-employment, and make recommendations in discrimination cases.
The tribunals system has its own structure for dealing with cases and appeals, but decisions from different chambers of the Upper Tribunal may also go to the Court of Appeal.
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Tribunal accessibility
The UK's tribunals cover a wide range of topics and jurisdictions, with some covering the whole of the UK and others just one jurisdiction. The First-tier Tribunal hears appeals from citizens against decisions made by government departments or agencies, and the Upper Tribunal reviews and decides on appeals arising from the First-tier Tribunal.
The accessibility of tribunal services is of paramount importance, and the HM Courts and Tribunal Service is committed to making its websites and physical spaces accessible to all. The service is tested by a team of auditors and analysts, many of whom are disabled individuals with experience using adaptive technology. The Royal Courts of Justice (RCJ) have recently relaunched their Disability Contact Officer network, and the Sunflower Lanyard Scheme is also in place to support users with disabilities.
The Equality and Human Rights Commission (EHRC) enforces the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018, and the Judicial Office is committed to complying with these regulations. The judiciary.uk website has been designed with accessibility in mind, with simple text that can be read by a screen reader, and new documents are published in accessible formats. However, some older documents may not be fully accessible.
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Tribunal decisions
- The allowance or disallowance of benefits.
- Leave or refusal to stay in the UK.
- The provision of special educational help for school-age children.
- Employment disputes, such as awarding compensation, ordering re-employment, and making recommendations in discrimination cases.
- Property disputes.
- Tax and national insurance issues.
- Mental health.
- Health and social care.
- Education.
The UK has three legal jurisdictions: England and Wales, Northern Ireland, and Scotland. Tribunals may cover the whole of the UK or only one jurisdiction, depending on the nature of the case. For example, immigration and asylum tribunals cover the whole of the UK, while mental health tribunals only cover England.
The First-tier Tribunal hears appeals from citizens against decisions made by government departments or agencies. The Upper Tribunal primarily reviews and decides on appeals arising from the First-tier Tribunal. Employment Tribunals, which deal with workplace justice, are outside of this two-tier structure.
Tribunal judges are legally qualified and responsible for ensuring that the tribunal hearings they chair make the correct decision in law. They often guide non-legally qualified parties through the necessary procedures.
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Tribunal history
The history of tribunals in the UK can be traced back to the early 18th century, with the creation of the General Commissioners of Income Tax in 1799. However, the tribunal system as we know it today has evolved significantly over the past century, adapting to meet the needs of modern society.
The National Insurance Act of 1911 provided for the adjudication of disputes by appeal to the Insurance Commissioners, marking an important development in the evolution of the tribunal system. During the 20th century, UK government ministers accumulated more power, making decisions that increasingly impacted the daily lives of citizens. This likely contributed to the expansion of the tribunal system, providing a mechanism for individuals to seek justice and resolve disputes.
In 1957, the Franks Report played a pivotal role in shaping the direction of tribunals. The report advocated for moving tribunals from an executive and administrative model towards a more judicial approach. This led to the Tribunals and Inquiries Act of 1958, which established the Council on Tribunals. The Council began its work in 1959, overseeing the constitution and operations of tribunals to ensure fairness, openness, and impartiality.
The turn of the 21st century brought further calls for reform, culminating in the creation of the Tribunals Service in 2006. This executive agency was established to manage and administer English and UK-wide tribunals, reflecting the growing recognition of the importance of an independent and accessible tribunal system. In 2007, the Tribunals, Courts and Enforcement Act created a unified structure for tribunals across the UK, recognising legally qualified members of tribunals as part of the judiciary, guaranteeing their judicial independence.
Today, tribunals cover a diverse range of topics, from employment disputes to immigration and asylum cases, reflecting their integral role in administering justice and resolving conflicts outside the traditional court system.
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Frequently asked questions
Tribunals are specialist judicial bodies that decide disputes in particular areas of law. They cover a wide range of topics affecting day-to-day life.
Examples of tribunals in the UK include the First-tier Tribunal, the Upper Tribunal, Employment Tribunals, and the Competition Appeal Tribunal.
Tribunals handle disputes in areas such as immigration, asylum, employment law, discrimination, regulatory matters, disciplinary issues, and administrative matters.
Most tribunals are designed to be accessible without legal representation. However, parties may choose to have a solicitor, barrister, or lay representation. Tribunal judges also help guide non-legally qualified parties through the necessary procedures.
