The abolition of employment tribunal fees in 2017 led to a substantial rise in claims, but no corresponding increase in resources to cater for the extra work involved, the Law Society said this week, which means long waiting times for cases to be heard.
On top of this, the devastating impact of the COVID-19 pandemic on businesses is likely to lead to a spike in claims. Judge Barry Clarke, President of the Employment Tribunals, told a webinar hosted by Outer Temple Chambers earlier this month that he expects an ‘increase in redundancy-related dismissals’ when the furlough scheme ends.
Law Society president Simon Davis said: ‘If employment tribunals cannot hear cases in a short timeframe there will be many unsettled claims over the next two years.’
Davis said cases are often listed for hearing more than 12 months from the initial request.
‘Given difficulties with holding in person hearings and the likely surge in cases arising from loss of employment, changes to terms, furlough and other consequences of COVID-19, it is important that employment tribunals are able to get on with delivering justice.
‘At the moment, there is much uncertainty as to how COVID-19 related disputes will be decided, as we are applying established employment law principles to entirely new circumstances. The more cases that are heard, the more judgments that are handed down, the better everyone will understand how employment law applies to what is happening, and the quicker settlements can be reached.’
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