Employment Solicitors

By Manisha Makwana

Everyone is aware that over the last few weeks the Government has proposed reform to the Employment Tribunal System with the view that this will remove a barrier for growth in the labour market. But is this the way round it?

The key proposals that the Government intend to implement are:

1. Extending the qualifying period for employee to bring an unfair dismissal claim from one year to two years.
2. Encouraging early dispute resolution through mediation.
3. Ensuring cases move more swiftly to conclusion.
4. Tackling weak and vexatious claims.
5. Introducing fees to lodge claims.

From these proposals it is clear that it is the weaker party, the employee that will bear the greater disadvantage. The proposals have attracted debate about whether the current system is in need of reform or whether the current powers of the Tribunals just need to be utilised more effectively.

Most unfair dismissal claims are brought by employees who have been employed for longer than two years; ACAS are willing to assist parties when disputes arise between employee and employers and more so once a claim has been submitted; Tribunal’s are busy with the current increase in claims being submitted but this is not to suggest that cases are not being brought to conclusions swiftly – what about increasing the number of Tribunal’s to deal with the increase in claims; weak claims can effectively be tackled by deposit orders and although rare, costs orders against the employee.

It seems as if the increase in Tribunal claims is to partly blame for what seems to have been deemed ‘a system which is not working and in need for change.’ Are numbers what should be relied upon to render the Tribunal system in need for reform?

In these early days, employment practitioners have mixed views about whether the current system needs to be reformed or not and this is predominantly based on the clientele that employment practitioners have.

Whether these proposals are implemented by the Government is something that we all wait in anticipation to see. Would it not be more effective and efficient to review the current Employment Tribunal system to see what powers are not being utilised which in my opinion is certainly a fair one.