The Employment Tribunal Taskforce has commended the system’s performance, but recommended some changes to improve it:
“The Employment Tribunal system is generally well thought of and respected, despite the strain that rising caseload has placed upon it over the last decade. Our recommendations for moving forward should be seen in the context of a system which is an example to others in some respects, comprises organisations which are well regarded in their own right, and has the potential to develop further.
“In reaching our recommendations, we have envisaged an Employment Tribunal system which is fit for purpose for the 21st Century, by ensuring that it can deal with cases in a just, fair and proportionate manner by being:
even-handed and responsive to the needs of its users;
accessible and understandable;
as fast as reasonably practicable;
reliable, consistent and dependable; and
properly resourced and organised in an accountable fashion.”
Employment Tribunals receive well over 100,000 cases a year, relating to more than eighty different areas of law.
Recommendations
Greater coherence, including the establishment of a high-level co-ordinating body to assist the system overall to move forward coherently, with a shared vision and key processes, promoting best practice, continuous improvement, benchmarking, available data, and better information for users.
More emphasis on dispute prevention, including pilot schemes in alternative dispute resolution to explore and evaluate further the potential benefits, and greater emphasis on ACAS’s preventative and best practice work and alternative dispute resolution generally.
Earlier disclosure of information, to help: employyes and employers to know where they stand, advisers to determine the merits of cases, earlier mediation, judicial; choice of handling. This is in accord with the view that an Employment Tribunal hearing should be used only as a last resort.
The right infrastructure, including an IT strategy, better links between ACAS and the rest of the system, more training, and appraisal and support procedures.
Other general improvements:
– better information about the system and each stage of the process;
– improved availability of sources of information and advice;
– improved, minimum standards of facilities and accommodation in Hearing Rooms and Hearing Centres;
– a National User Group;
– active local User Groups;
– easier enforcement of Employment Tribunal awards.