header-logo header-logo

21 July 2021
Issue: 7942 / Categories: Legal News , Employment , Tribunals
printer mail-detail

Employment tribunals ‘impossible’

Employment tribunals are plagued by delays, lack of resources and too few judges, an Employment Lawyers Association (ELA) survey of its members has found

According to one respondent, the system is ‘scandalously under-resourced. They just seem to be drowning.’

Another said: ‘It is virtually impossible to get through to the tribunals by telephone which is sometimes necessary for urgent matters.’

More than 40% of employment lawyers were having to wait more than a year for their clients’ cases to come to tribunals, and nearly all the respondents had experience of final hearings being listed at least six months into the future.

The lawyers reported tribunals now take longer to handle all tasks including answering the phone, dealing with urgent applications and making orders and judgments, when compared with March 2020. Tribunals in London scored particularly poorly in these respects.

More than 700 lawyers (one quarter of ELA’s membership) responded to the survey.

Caspar Glyn QC, chair of the ELA legislation and policy committee, said: ‘Put simply, there are too few staff who have too much to do and too little time to deal with tribunal users and their applications.’

However, the survey highlighted the effectiveness of remote hearings, although some shortcomings were identified, and 45% of lawyers expressed concern about the impact on witness evidence.

Jennifer Sole, ELA committee member, said the Cloud Video Platform (CVP) used for the hearings could be leveraged for greater success in three ways.

‘The first is to make high-quality explanation of the process by the sitting judge a routine element,’ she said.

‘The second is to remain conscious of the connectivity issues, difficulties with cross-examination, and the lack of communication channels to clients and advocates, which are the biggest issues impacting remote hearing effectiveness; and finally, implement better chat functions, screen sharing, and document transmission functionality on the CVP.’

Issue: 7942 / Categories: Legal News , Employment , Tribunals
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll