Do employment tribunals actually work?

Social IssuesEmployment

  • Author Jimmy Querida
  • Published July 3, 2011
  • Word count 476

New penalties imposed on employers might mean an increase in out of court settlements, is this system working? And are employment tribunals actually working?

Just recently the voice of business (CBI) an organisation who voice approximately a quarter of a million businesses nationwide announced that they were going to take a stronger stance on the United Kingdom's employment tribunal system. The organisation credit failings as affecting both the employed and the employee. This system was designed to ensure a quick, low cost and fair ruling, providing those making the claim and the firm a painless and simple way to come to an agreement without the fees, wasted times and waiting around that goes hand in hand in with the formality of a tribunal court hearing.

The voice of business believe this whole system could be done much better, "It's always regrettable when the relationship between employer and employee breaks down to the point where a tribunal claim is made. But when this happens, both sides deserve a system that is consistent, quick and keeps legal costs to a minimum. Instead, we are saddled with a tribunal system that is expensive, stressful and time-consuming for all parties.

"Surely it's in everyone's interests for cases with merit to be heard quickly and settled, while weak claims are swiftly identified and weeded out. We'd like to see more workplace disputes being resolved before they reach tribunal." - Hall, Katia. Chief Policy Director.

The voice of business went further than just condemning the system in place, they decided they would put forward plans which can help to increase the whole process, some key points from their recommendations include:

  • Reducing the total number of claims put through; during the last ten years this figure has increased by 170 per cent. This could be done by:

  • Increasing the awareness of the whole process, so the public are better informed.

  • Bring in a fee per claim raised - this is to ensure claimants bring up claims when they have no ground for it.

  • Identify claims that are weak and remove them allowing progression of other claims quicker.

  • Encourage settlement to happen earlier, thus avoiding the need to progress to a hearing.

  • Bring in a better system to manage the input and end results (ie payment)

  • Encourage mutual consent via government backed guidelines.

  • Increase the productivity of procedures, for when a claim reaches tribunal.

  • Introduce best practice by using a league table of some description helping to create a better consistency and increase overall success.

"The tribunals system has gradually become a barrier to justice. Even where a successful outcome is likely, firms try to avoid the heavy costs and long delays. A programme of common sense reforms is long overdue. We need to see a transparent, fairer system built around the interests of legitimate claimants and responsible firms. " - Hall, Katia. Chief Policy Director.

Employment Solicitors are here to help you with any employment law advice, whether your looking for just advice or an unfair dismissal Solicitor . Trust employment solicitors to help you with your claim.

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