Employment Tribunal Hearings

Lord Beecham Excerpts

Thursday 26th April 2018 Lords Chamber

Asked by

[Lord Beecham]

To ask Her Majesty’s Government what steps they will take to reduce the backlog of Employment Tribunal hearings that has arisen since the Supreme Court ruling in July 2017 that the high level of fees previously levied was unlawful.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, we wish to ensure that employment cases are dealt with swiftly and effectively. We are taking action to deal with the tribunals’ increased case load. This includes setting aside extra days for judges to hear tribunal cases, as well as developing plans to recruit more tribunal judges. We continue to monitor the situation closely.

[Lord Beecham (Lab)]

My Lords, this issue was drawn to my attention by a newspaper headline—in the Times, not the Morning Star—entitled “Tribunals gridlocked by surge in claims”. Among the many cases cited by the trade union USDAW and Thompsons Solicitors was a case in London, which happened in November 2017 and will be heard in January 2019, and a case in Watford, listed for a three-day hearing in January 2018 but postponed until September due to “having overbooked and a lack of judicial resources”. Is the Minister aware that ACAS conciliators have reported that they are overwhelmed by the increase in claims? For example, solicitors in Newcastle have been unable to get through to speak to anyone for two weeks. In detail, what steps do the Government intend to take, and within what timescale, to ensure that the maxim “justice delayed is justice denied” is no longer exemplified in the workings of the employment tribunal system as a result of what the Supreme Court ruled was its unlawful and unconstitutional imposition of fees of up to £1,200?

[Lord Keen of Elie]

On the last point, the Supreme Court determined that it was lawful to charge fees for the tribunal; it was the level of fees that was considered disproportionate. The time taken for tribunal cases was in the region of 26 to 28 weeks per case for resolution. That has increased to about 33 weeks because there was a significant increase in applications to the tribunals after the decision in July 2017. We have put in place a process for recruiting a further 54 tribunal judges for employment tribunals, which should increase capacity by about 44%. In addition, we are now taking steps to increase the number of fee-paid judges in the tribunal system; indeed, fee-paid judge sittings have increased by 180% since July 2017. We are also conscious of the need to employ additional staff in employment tribunals; that is being undertaken at the present time. I apologise for the length of my answer, but I felt I should give the noble Lord’s question a full response.