Before reaching its decision, the tribunal will need to decide what the facts of the case are, in the light of the evidence that it has heard. That may involve it deciding which of two conflicting accounts it believes. The tribunal will then apply the relevant legislation or other principles of law to those facts.
When deciding what the UK's employment legislation means, the tribunal must take into account any relevant European Community legislation (the role of the european court ). It is also under a duty, under the Human Rights Act 1998, to interpret the legislation in a way that is compatible with the rights set out in the European Convention on Human Rights. In the field of employment rights, the most relevant parts of the Convention are those that deal with:
- the right to respect for private and family life;
- the right to freedom of thought, conscience and religion;
- the right to freedom of expression; and
- the right to enjoy the rights set out in the Convention without discrimination.
Tribunal's judgment
The tribunal may have time to reach its decision on the day of the hearing, in which case it will announce its judgment and the reasons for it to the parties. After the hearing, a written copy of the judgment will be sent to the parties. Written reasons for the judgment will only be sent to the parties if one of them has requested this at the hearing or within 14 days of the date the judgment was sent to the parties.
If there is no time to reach a decision on the day, the tribunal will meet at a later date to reach its decision. This is termed a 'reserved judgment'. The parties will then be sent a copy of the judgment and the reasons for it by post.