Employment Tribunal

Information about the Employment Tribunal in the Isle of Man can be found in the following pdf document. The information is intended to give an overview of not only what the Employment Tribunal is, but also the steps involved in making a claim right through to a decision being issued. The information also provides links to other useful sources of information about employment matters. All references to, and copies of, legislation were correct (as far as possible) as at February 2010. You are encouraged to access the Isle of Man Legislation Website to satisfy yourself as to whether the legislation is still current or indeed has been updated www.legislation.gov.im/cms/en

The pdf document contains bookmarks to aid accurate navigation through the information – using the bookmarks is the recommended way to move around the information displayed within the document. It is also possible to navigate by clicking on the headings, although this only takes the user to the page on which the information is displayed and therefore it may appear at times as though the link has not worked as the user will have to scroll down on the page displayed to view the specific piece of information they wish to see.

In producing this information, we have tried to cover questions that are frequently posed to the Clerk to the Tribunal. In view of this, any person considering making a claim to the Employment Tribunal, or indeed any person who has made a claim and is wondering what happens next, is strongly encouraged to read the information before contacting the Clerk.

Contact details for the Clerk to the Tribunal are provided within the document, although please note that the Clerk will only be able to offer procedural guidance; the Clerk is not able to offer advice. Any advice required should be sought from legal and/or other appropriate sources.

Employment Tribunal Judgments Policy

The Tribunal has a policy of publishing in full all judgments except where:

i. making the judgment available to the public is prohibited by law

ii. Tribunal hearings or parts of hearings are held in private

iii. otherwise redacted upon the authority of the Tribunal Chairperson.

Subject to the above, judgments will include the reasoned decision of the Tribunal, the names of claimant and respondent parties and the names of representatives and witnesses. The published judgment will not be limited to a lifespan within the public domain.

Why are Judgments Published?

Parties pursuing claims before the Tribunal can review past decisions and therefore better understand how they may impact on the merits of their own position. These decisions are called “precedents” and are important guidance on how a Tribunal will or may approach differing circumstances and may be referred to during the proceedings. Within legislative requirements, judgments have also come to be published (as is also undertaken in other and adjacent jurisdictions) under general custom and practice to accord with the principles of open justice and transparency in common with the higher courts. This increases access to the work of Tribunals and to their decisions.

All decisions issued by the Employment Tribunal, since 1 November 2006