Question

What is a tribunal and how is it different from a court?

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Tribunals are specialist judicial bodies resolving disputes in particular areas — most commonly between individuals and the state, or between employers and employees. They are part of the justice system, but deliberately designed to be more accessible than courts.

The main differences:

Specialisation. Each tribunal handles one field and its members have expertise in it. An employment tribunal panel may include a legally qualified judge sitting with lay members drawn from employer and employee backgrounds, bringing practical knowledge a generalist judge would lack.

Accessibility. Procedures are simpler, the rules of evidence are applied more flexibly, and tribunals are designed on the assumption that people may represent themselves. Hearings are less formal — no wigs and gowns, and often a table rather than a raised bench.

Cost. This is the most significant practical difference. In most tribunals, each side bears its own costs, and costs orders against a losing party are exceptional rather than normal. In a court, losing generally means paying the other side's legal costs — a risk that deters many valid claims. The tribunal position removes that deterrent, which is the point.

Speed, generally, though backlogs have made this less reliable.

The main ones people encounter: Employment Tribunal (unfair dismissal, discrimination, wages); First-tier Tribunal with chambers covering Social Entitlement (benefits appeals), Immigration and Asylum, Tax, Property, and Health, Education and Social Care (including SEND).

Structure. Most sit within a two-tier system — First-tier Tribunal, with appeals on points of law to the Upper Tribunal, and onward to the Court of Appeal. The Employment Tribunal appeals to the Employment Appeal Tribunal.

Their decisions are legally binding and enforceable.

Practical points: time limits are often short and strictly applied — three months less one day for most employment claims — and early conciliation through ACAS is a mandatory step before an employment claim.

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