GIBRALTAR Law and Practice Contributed by: Nick Cruz, Marc X Ellul, Arcelia María Hernández-Cordero and Kayleigh-Anne Revagliatte, Ellul & Cruz
9.2 Alternative Dispute Resolution Arbitration is possible if included in the employment contract. Pre-dispute arbitration agreements are
An employee may take a claim to the Employment Tri - bunal if they think someone has treated them unlaw- fully – for example, their employer, a potential employ - er or a trade union. Unlawful treatment can include: • unfair dismissal; • discrimination; and • bullying at work. Making a Claim A claim has to be made to the Employment Tribunal within three months of employment terminating or of the act constituting the basis of the claim occurring. To make a claim, a Claim Form must be completed and submitted to the secretary of the Employment Tri - bunal. The Employment Tribunal secretary will send a copy of the Claim Form to the respondent and a blank Response Form for them to complete. The respond - ent then has an opportunity to file a response. The employee will receive a copy of the response. Once the Employment Tribunal has accepted a Claim Form and any Response Form, it will appoint a media - tor.
enforceable. 9.3 Costs
The Employment Tribunal may – on its own initiative or on application – make a costs order or a preparation time order, where it considers that: • a party (or that party’s representative) has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceed - ings (or part thereof) or the way that the proceed - ings (or part thereof) have been conducted; or • any claim or response has no reasonable prospect of success. The Employment Tribunal may also make a costs order or a preparation time order where a party has been in breach of any order or any of the Employment Tribunal (Constitution and Procedure) Rules or where a hearing has been adjourned or postponed on the application of or as a result of the conduct of a party.
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