Introduction to the tribunal and courts system and the employment tribunal
5OS01 – Specialist employment law
This CIPD Level 5 video for unit 5OS01 – Specialist Employment Law introduces the tribunal and courts system's crucial role in enforcing employment law, directly addressing assessment criteria AC 1.2. It explores the hierarchy of courts and institutions with jurisdiction over employment matters, including the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Supreme Court, and European Court of Justice, alongside the County Court and High Court. By examining how these bodies make and enforce employment legislation, you'll gain a comprehensive understanding of the judicial framework that underpins employment law practice and dispute resolution.
What this video covers
The tribunal and courts system that underpins employment law in England and Wales is the subject of this 5OS01 video, which addresses Assessment Criterion 1.2. The video covers the doctrine of precedent — also referred to by its Latin designation, stare decisis — as the organising principle of the court hierarchy, explaining how binding authority flows downward through the system. The Employment Tribunal sits at the base of that structure and receives the most detailed treatment, including its jurisdiction over claims involving unfair dismissal, discrimination, redundancy payments, working time, and whistleblowing, as well as the composition of its panels and the circumstances in which an Employment Judge sits alone rather than with lay members.
Procedural features of the Employment Tribunal form a distinct thread running through the video, with attention given to time limits, the compulsory ACAS early conciliation step that precedes the lodging of a claim, the general rule on costs, and the range of remedies a tribunal may award, including compensation, declarations of rights, reinstatement and re-engagement. The video also positions the Employment Tribunal within the broader court hierarchy that includes the Employment Appeal Tribunal, the Court of Appeal, the Supreme Court, the European Court of Justice, the County Court and the High Court, noting the role that appeal courts play in developing and clarifying employment law over time.
Throughout, the video frames these institutional and procedural matters by reference to the practical responsibilities of a people professional: risk assessment in employment decision-making, the development of internal procedures, documentation practices, and organisational advice around potential litigation. The tribunal system is presented not as an abstract legal structure but as the context against which HR decisions — from policy drafting to handling dismissals — are evaluated and tested.
Assessment Criteria 1.2
Examine the role played by the tribunal and courts system in enforcing employment law.
Indicative Content
The role played by courts and institutions with jurisdiction to hear employment- related matters and make and enforce employment law; hierarchy of the courts; Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Supreme Court, European Court of Justice, County Court, High Court; role of appeal courts.
What You'll Learn
Video covering: Introduction to the tribunal and courts system and the employment tribunal
About 5OS01 – Specialist employment law
This unit considers key areas of employment legislation and its legal framework, focusing on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.
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