Delays, slow response times, last-minute transfers, re-listed cases, unanswered telephones and cancellations of hearings are widespread in employment tribunals, according to a survey by the Employment Lawyers Association (ELA). The results, published this week, highlight the lack of judicial and administrative resources available.
More than three-quarters of the 387 members who responded said responses to written correspondence/applications are taking longer than a year ago; two-thirds reported tribunals take longer to deal with the service of claims; more than half reported delays in telephone calls being answered; and more than 60% have experienced delays in receiving orders, and judgments.
One third of respondents have been involved in a case where the hearing was transferred to another tribunal; more than three-quarters said final hearings were being listed more than a year after issue of claim; 63% said urgent applications are taking longer than previous years; and nearly three-quarters also experience delays with other applications.
The worst affected tribunals are in London, the South East and Cardiff.
The ELA says the delays cannot be attributed to Supreme Court ruling that tribunal fees are unlawful, as the surge of cases since the ruling appears to be steadying―single claims have risen 6% in the past year and multiple claims by 13%.
Shantha David, Unison Legal Services and ELA working party member, said: ‘Almost two years after the abolition of fees, why is it that tribunals are still unable to cope?
‘ELA acknowledges that the recruitment of approximately 50 employment judges has been completed, and that another exercise to recruit fee-paid judges is underway. Given this new cohort of employment judges, we hope that the problems that relate to the lack of judicial resourcing will now be resolved and next year’s survey will reveal better results in relation to postponed hearings and delayed judgments.
‘However, the survey has also clearly highlighted the severe lack of support at an administrative level that must be looked at. As we pointed out last year, part of the solution has to include the recruitment of administrative staff to answer tribunal telephones, respond to emails, transfer documents to the correct tribunals, and ensure that applications, especially urgent applications, are put in front of judges.’
