Making a Complaint
Introduction to the EAT Process
A claim is referred to the Tribunal by way of a completed form containing a statement of the facts and contentions on which the appellant (the person making the claim) intends to rely. There are two types of applications to the Tribunal:
Following receipt of a claim, the details are sent to the respondent (the person or company against whom a claim is being made). The respondent is given 14 days to respond to the claim and to complete a notice of appearance. All correspondence to and from both parties is copied to both appellant and respondent. It is in the appellant’s interest to supply as much supporting documentation with his/her claim as possible.
The Tribunal secretariat sets a date for a hearing and communicates this to both parties. A three-member division of the Tribunal will hear the case. The division will consist of a chairman, one member representing an employers’ group and one member representing the trade union movement.
A party to a claim may appear and be heard in person or may be represented by counsel or solicitor or by a representative of a trade union or of an employers’ organisation, or with the leave of the Tribunal, by any other person.
Following the hearing of the case the Tribunal will make a determination, which is recorded in a document signed by the Chairman and sealed with the seal of the Tribunal. Written determinations are final and conclusive, subject only to the appropriate avenue of legal appeal to the Higher Courts.
NOTICE FOR PARTIES