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10 October 2019 / Shantha David
Issue: 7859 / Categories: Opinion , Employment
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Employment tribunals: room for improvement?

Claims in the employment tribunals have increased, but is justice being delivered? Shantha David reports

When employment tribunal (ET) fees were declared unlawful by the UK Supreme Court, Lord Justice Reed in his seminal judgment in R (on the application of Unison) v Lord Chancellor [2017] UKSC 51, [2017] 4 All ER 903 established that ‘the constitutional right of access to the courts is inherent in the rule of law’ [66].

He emphasised that the ‘right of access to the courts has long been recognised’ and cited Magna Carta as ‘a guarantee of access to courts which administer justice promptly and fairly’ [74].

So what has happened to ET claims in the two years since this momentous decision?

The rise & fall in ET claims

We know that following a peak in 2009–10, year on year, fewer claims were being lodged in ETs. When fees were introduced in July 2013, there was a dramatic overall drop of about 70% of single claims.

The latest government statistics published

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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