Draft Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2023

Ruth Cadbury Excerpts

Tuesday 16th January 2024 General Committees

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

It is a pleasure to serve under your chairship, Ms Elliott. I thank the Minister for his remarks.

It is a pleasure to speak for the official Opposition in this debate on a statutory instrument to bring in the changes to the membership that oversees employment tribunals that were introduced under the Judicial Review and Courts Act 2022. In the previous system, tribunals sat between the MOJ and the Business Department; under the draft regulations, the Secretary of State for Justice will delegate power to the Senior President of Tribunals to decide the composition and make-up of the panels. The reason given by the Government is that it creates greater scope for panels consisting of a single member, who, I understand, will always be an employment judge. We do not oppose the change and will not vote against the instrument today. The decision on whether to have a single judge or a multi-member panel will depend on the case and the need for relevant and appropriate experience.

Turning to the wider context around employment tribunals, the Minister mentioned that the change is being introduced to bring about a more unified justice system; he also mentioned more flexibility and better use of resources. I am sure that those formed part of the Government’s reasoning. However, as the Minister in the other place said, we also have to consider the backlog. At the end of 2022, the employment tribunal backlog stood at 475,000 cases, with a wait of some 49 weeks for a decision. That is a long wait for justice for workers who have been wronged in their workplace—bullied, denied pay, or subjected to other mistreatment—and who decide to pursue their case to tribunal. I was sure that the Minister would mention the coronavirus and say that the backlog is down from its peak. It is, but it is still there, and I note that it is 60% bigger than the backlog in 2010, when we last had a Labour Government. However, I am not here to make party political points, of course—heaven forbid!

When this statutory instrument was debated in the other place, concerns were voiced about ensuring that the changes do not override the important role played by lay members, especially in employment cases where technical and specific knowledge is required and can make a key difference to the outcome of a case. I welcome the Minister’s comments about diversity in membership of the panels, but I hope it encompasses diversity of specialist skills and technical knowledge. That was mentioned in the Government’s consultation. I see that the Senior President of Tribunals has also conducted a consultation and the responses are being considered. I thank the Minister for his clarification on this, and I hope we will see the results very soon.

I also hope the Minister will let us know how the Government will monitor and assess the impact of these changes, especially if we see a significant change in the outcome of tribunal cases that are heard by a single member. As my noble Friend Lord Ponsonby said in the other place, if in the future we see further changes and a further reduction in the number of multi-member panels, that will need profound and serious justification.

I look forward to hearing the Minister’s response.