Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Latest NewsDiscriminationEmployment tribunalsUnfair dismissal

Employment tribunals beset by delays and transfers

by Adam McCulloch 28 Jun 2019
by Adam McCulloch 28 Jun 2019 Wales Employment Tribunal at Cardiff Magistrates' Court. Photo: Ben Birchall/PA Images
Wales Employment Tribunal at Cardiff Magistrates' Court. Photo: Ben Birchall/PA Images

The employment tribunal system is still hamstrung by a lack of judicial and administrative resources, nearly two years after fees were scrapped, leading to a potential “loss of confidence in the rule of law”.

This was the verdict of the Employment Lawyers Association (ELA), after conducting its now annual survey of members, which found that responses to correspondence and applications with tribunals were taking longer than a year ago. Most (77%) respondents said that final hearings were being listed over a year after the issue of a claim – last year only 50% of respondents had reported this occurring.

Employment tribunals

Restaurant worker unfairly dismissed after whistleblowing 

Tribunal claims triple 

Recruitment drive for judges to tackle rise in employment cases 

Employment tribunal fees repayment scheme fully launched

Particular tribunals were more affected than others, such as London central, London south, Watford, Reading and Cardiff, where delays and capacity issues were leading cases to be transferred to other courts, often a significant distance from the original location. One-third of respondents said they had been involved in transferred cases.

For Paul McFarlane, chair of ELA’s Legislative & Policy Committee and Legal Director at Capsticks Solicitors, highlighted to Personnel Today the problems this caused: “Cases are transferred, at the last minute, where there are not enough Judges or lay members at a hearing centre to hear a case. Last year I had a case where the day before the hearing we were told it was going to be transferred from Exeter to Bristol! We had to notify our client, all of the witnesses and our barrister of this change, who then had to rearrange their travel and accommodation at very short notice.

“All those involved not only incurred the additional costs, but for the witnesses, having to arrange last-minute changes to their travel is likely to increase the stress they are under before they are due to give evidence, which cannot be a good thing for the administration of justice.”

Last year I had a case where the day before the hearing we were told it was going to be transferred from Exeter to Bristol!” –Paul McFarlane, Capsticks Solicitors

About 60% of respondents were experiencing delays in receiving orders, and judgments (including reserved judgments) – a slight increase on last year’s figure.

Areas of improvement

Some results, however, showed that there were areas of slight improvement, with fewer ELA members reporting an increase in the time tribunals were taking to deal with claims (66%, down from 75% last year).

Compared with last year, the number of single claims lodged in employment tribunals had risen by a modest 6%, and multiple claims by 13%. This, claimed the ELA, suggested that the surge in claims since the Supreme Court ruled that employment tribunal fees were unlawful in July 2017, was steadying.

The study also acknowledged that 50 employment judges had recently be recruited and another plan to recruit fee-paid judges was under way.

Unison lawyer and ELA tribunal working party member Shantha David was downbeat about the survey’s results. She said: “These numbers paint a bleak picture of the country’s employment tribunal system. Almost two years after the abolition of fees, why is it that tribunals are still unable to cope?”

David said that the individual comments from the survey highlighted how the system desperately required more judicial and administrative resources. She added that common features of the system as it stood were long delays, regular cancellations of preliminary and full hearings – often last-minute –because of a lack of judicial resource, cases being re-listed at a much later date; telephones going unanswered for hours and a lack of responses to correspondence and applications including urgent applications.

These issues led to increased costs for clients, David said. “As one respondent put it, it is ‘embarrassing to explain [these delays] to clients and leads to a loss of confidence in the rule of law – what is the point of having employment rights if they cannot be effectively enforced?’.”

David said she hoped that the new judges would help alleviate the problems but pointed out that the recruitment of extra administrative staff was urgently needed to ensure the system ran much more smoothly that it currently did.

Employee relations opportunities on Personnel Today

Browse more Employee Relations jobs

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

 

 

Adam McCulloch

Adam McCulloch first worked for Personnel Today magazine in the early 1990s as a sub editor. He rejoined Personnel Today as a writer in 2017, covering all aspects of HR but with a special interest in diversity, social mobility and industrial relations. He has ventured beyond the HR realm to work as a freelance writer and production editor in sectors including travel (The Guardian), aviation (Flight International), agriculture (Farmers' Weekly), music (Jazzwise), theatre (The Stage) and social work (Community Care). He is also the author of KentWalksNearLondon. Adam first became interested in industrial relations after witnessing an exchange between Arthur Scargill and National Coal Board chairman Ian McGregor in 1984, while working as a temp in facilities at the NCB, carrying extra chairs into a conference room!

previous post
What risks arise from employee ‘tipping’ apps?
next post
Unions and retailers urge action over violence in shops

You may also like

Restaurant tips should be included in holiday pay

21 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

Tribunal finds need for degree in redundancy selection...

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

NHS worker awarded £29k after Darth Vader comparison

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Lincolnshire doctor awarded £250k in race discrimination case

2 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+