It was inevitable that there was going to be an increase in employment tribunal claims after the Supreme Court case in 2017 ended the payment of fees. But what they forgot to factor in was that employment tribunals were already stretched because of funding cuts. The number of applications continues to increase (up twenty-five percent this year) and the tribunals are getting close to not being able to cope.
I know this as I am waiting for a number of responses from the tribunal on a number of cases. Some applicants are suffering a record eight month wait before their cases are heard. Delay causes stress, and causes memories to fade. Key witnesses can resign or retire from an employer’s business.
Is ACAS early conciliation the answer? In its annual report ACAS shows significant growth in take up. But what is early conciliation? Prior to commencing an employment tribunal claim a prospective Claimant must inform ACAS before starting a tribunal claim. They are then offered early conciliation and an ACAS conciliator approaches both parties with a view to resolving the complaint. Is there a resolution both parties can live with? Early conciliation is impartial and is simply an attempt to save both parties time, worry and expense of employment tribunal proceedings.
But early conciliation is not part of the tribunal process. Perhaps to stem the flow of applications going to tribunal hearings the examples of the civil or family Courts could be followed. In the civil Courts, any party not prepared to try alternative dispute resolution can be penalised. In the family Court parties must, in most cases, attend a mediation information and assessment meeting (a “MIAM”) before starting proceedings.
For help and advice on employment matters please contact Emma Hewitt on 0808 166 8860 or email her on e.hewitt@sydneymitchell.co.uk.
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