Business Law Essay Example | Topics and Well Written Essays - 1500 words - 6

Business Law - Essay Example Most tribunals deal with cases that involve the rights of private citizens against the State. Many of these tribunals deal with issues that are central to the fight against social exclusion like for example, social security, child support and mental health. Tribunals are a large and important part of the justice system, that have, hitherto fore, not received the attention and recognition that they deserve. The progress of equal pay cases can be normally slow and complicated. Cases pertaining to jobs of equal value involve enormous number of claimants with a wide range of implications. Tribunals face a lot of difficulty in dealing with complex cases which involve expertise, because they will be forced to appoint an independent expert to prepare a detailed case study and evaluation report and this causes inordinate delays. Further these independent experts are not supplied with sufficient information and further, they do not possess the required authority to demand such information from the claimants. The tribunal cannot enforce any sanction on the experts in the case of delays and the availability and appointment of such independent experts also involves time. In addition, tribunals conceal the identity of the independent experts and this has the effect of discouraging claimants, to some extent, in providing complete information. In order to mitigate these problems, section 8(5) of the... d in order to streamline case management by making the rules easier and by engendering the early exchange of information, engagement of independent experts and by ensuring that information is given to them at the early stage of the proceedings1. Another problem consists of the fact that there are no plans to extend legal aid to people whose incomes are low and who are involved in the complex tribunal procedures. The situation obtaining at present is such that many people have to meet their own costs, and have to represent themselves, whilst many employers are represented by experienced barristers. This practice enables employers or their legal representatives to use the threat of costs to intimidate and deter those making an application to an employment tribunal. Tribunals cover a very wide range of important issues like health, employment, benefits, housing and immigration and people depend on them to protect their important basic rights. If tribunals are to provide effective justice then people bringing and defending cases before it must have access to low cost and informed legal aid. The government had initiated steps to ensure that tribunals meet the standards of independence and impartiality as required by the Human Rights Act. In Starrs and Chalmers v Procurator Fiscal2 the court decisions have confirmed that Employment Tribunals3 and School Admission and Exclusion Appeal Panels4 meet the required standards. Therefore, the government is of the firm belief that tribunals fully meet all the requirements of the populace and that no further changes should be required on that account. However, the government will take all necessary steps wherever the arrangements in any particular tribunal are found to be insufficient. Apart from the considerations of human rights,