Future shape of the employment tribunal system


The Briggs review


In September 2016, the Lord Chancellor announced long-term plans for a £1 billion reform of the Ministry of Justice, to include an online court for resolving civil disputes valued up to £25,000, adopting proposals set out in Lord Justice Briggs’ Civil Courts Structure Review published in June 2016. The stated aims are to make better use of technology, cut costs, and improve access to justice for those unable to afford the current system and for those with small or moderate value claims.


Initially, the new system is to be aimed at straightforward “low value” debt and damages claims. Cases will be resolved by a judge reviewing the papers, or via a Skype or telephone hearing, both sides representing themselves, with an emphasis on compromise, as opposed to determining rights. Many tasks currently carried out by judges are to be delegated to case officers supervised by judges. 



The government accepts that for now, many employment disputes are unlikely to be suited to online resolution in this way, especially given the resource imbalance between the parties and the often complex factual issues to be decided, regardless of a claim’s value. In addition, unrepresented litigants with limited knowledge of legal rights or processes would need extra hands-on assistance just when traditional sources of free legal assistance, such as Citizens’ Advice and law centres, are being scaled back.


An online court of this kind might be suited to simple wage claims, which have largely disappeared following the introduction of fees (see page 24).


Another important proposal by Lord Justice Briggs, specific to the employment sphere, is the integration of the civil court and employment tribunal system, eliminating the current (often confusing) differences between the two jurisdictions when making contract claims (see page 23). Instead, Briggs proposes a Single Employment and Equality Court.


Cost cutting plans include the closure of some tribunal buildings and greater sharing of court facilities and buildings. Redundancies are anticipated.


Consultation on reform to the ET system


Separately from the Briggs Review, in February 2017, the government published its response to a consultation on reform of the employment tribunal system. The main plans include:


• widespread digitising of the tribunal process over several years. The vast majority of claims will be made and processed online, although a paper-based claim will still be possible. Training is promised for judges and staff, as well as a system of “assisted digital support” for those who need help using online services. Around 90% of claimants already present their claim online. Most case management will be digitised;


• delegation of many routine case management tasks from judges to legally trained caseworkers, so that judicial resources are concentrated on hearing and deciding cases, instead of on procedural issues that do not decide the claim;


• greater flexibility for the Senior President of Tribunals to allocate tribunal panel members according to their expertise and the demands of a particular case; and


• greater flexibility in the approach to particular types of case, depending on levels of complexity, recognising that not every type of case needs sophisticated case management, and that some more straightforward categories could be decided on paper, online, using electronic communication methods, video conferencing and so on.


To achieve these changes, the Employment Tribunals Act 1996 will need to be amended.


Finally, responsibility for employment tribunal procedures (but not for underlying employment laws and policy) will transfer from the Department for Business, Energy and Industrial Strategy to the Ministry of Justice, meaning that future changes to tribunal procedures will be made by judges instead of politicians.