Do Lay Members Influence Tribunal Decisions?
Article Abstract:
Tribunals were established in the 1960s in an effort to bring legal regulation into industrial relations where needed, without involving the regular courts. Two lay persons sit with a legally qualified chairperson. Although its range of jurisdiction has expanded, the majority of disputes it handles are dismissals. In a survey of tribunal members, members accepted the impartiality expected of them. However some felt their role was subordinate to the judge, not equal. A significant minority of lay members also reported problems in performing their role as they saw it. Members were unanimous in agreeing that their decisions had to conform with the law whether or not the decision was just or sensible. The concept of unfair dismissal is open ended, which gives union and employer tribunal members the ability to help determine the nature of employee rights and employer responsibilities. However because of precedent and ties to the traditional court, it is still the judge's opinion which makes the final decision.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1983
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All change on the pensions front?
Article Abstract:
Occupational pensions are under intense scrutiny and pressure as a result of complicated regulations, the suitability of trust law, the ambiguity of whether pensions are deferred pay or not, the question of pension ages, rights on divorce and celebrated cases of fraud and malpractice. Personnel managers who serve as trustees of these plans must understand their functions and responsibilities to ensure that the pension scheme is not abused. Appropriate internal controls on management and investment should also exist to prevent fraud. As a result of the controversial Maxwell affair, the UK government, as recommended by the House of Commons Social Security Committee, is pursuing the investigation of occupational schemes to prevent further misuse of the funds. Other concerns regarding pensions include the rights of members when changing employment and the equal treatment for men and women.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1992
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Pensions: a fund of crucial decisions
Article Abstract:
English employers face a new situation in pension planning beginning in 1988. The 1986 Social Security Act stipulates a number of new rules about membership, benefits, and payment methods. Anyone who does not like his or her employer's pension plan can get out of it. The employer may be required to pay into extra-company 'contract' plans in some cases. New hires cannot be forced to join the company plan. Those left in the plan will always have rights, but the employer may elect to completely terminate the plan in some cases. The employer's rights in this situation include trying to persuade the employees to stay in the plan, terminating the plan, or doing nothing.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1987
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