The UK Employment Tribunal system is like that trusty old office chair you’ve had for years – it works, but it’s outdated, a bit creaky, and overdue for an upgrade. As HR professionals, the tribunal process looms over us, whether we’ve faced it head-on or just feared the day we might. But let’s be real: the system needs modernisation.
Here’s why we think it’s time for a rethink:
- Caseloads are Out of Control
The numbers speak for themselves. In April to June 2024, His Majesty’s Courts & Tribunals Service (HMCTS) recorded a 13% increase in total receipts and a 15% increase in total disposals compared to the same quarter in 2023. Receipts have exceeded disposals over the last year, resulting in a 4% increase in open caseload to 668,000 over the same period.
But the real problem? Delays of 6-12 months (or longer for complex cases). Justice delayed is justice denied. Employers, employees, and HR professionals are stuck in limbo, waiting for resolutions that take far too long.
- Stuck in the 90s
The tribunal process is about as tech-savvy as a pager. Online submission portals exist, but hearings rely heavily on in-person attendance and reams of paper. During the pandemic, remote hearings showed potential—but now? They’ve mostly been abandoned.
Why not keep Zoom hearings for simpler cases? Less travel, less cost, less hassle. Everyone wins.
- The Range of Reasonable Responses: A Flawed Test
The Range of Reasonable Responses (RORR) test for unfair dismissal cases often feels more employer-friendly than fair. Employees find it tough to win, and HR professionals are left navigating a grey area where “reasonable” depends on the judge.
A proportionality-based test could better balance fairness, making sure decisions aren’t just legally compliant but truly just.
- Discrimination Cases Take Too Long
Discrimination claims (e.g., race, gender, disability) are some of the most emotionally charged cases. They also take the longest to resolve – 18 months or more on average. That’s 18 months of stress, uncertainty, and costs for everyone involved.
Given the volume of cases, like the 6,583 disability discrimination claims in 2021/22, it’s clear this part of the system desperately needs faster processes.
- Staff Shortages are Breaking the System
Employment Tribunal judges have decreased by 15% since 2019, while caseloads have skyrocketed. Clerks and legal advisers are also stretched thin, making even the simplest claims take far longer than they should.
Without investment in people and resources, the system will only get worse.
Our Suggestions for Change
It’s not all doom and gloom – there are clear ways to fix this:
- Go Digital: Introduce AI-powered case management and keep remote hearings for simpler cases.
- Expand Tribunal Capacity: Hire more judges and staff. Train lay professionals or create smaller panels with expert guidance for quicker, fairer decisions.
- Modernise Legal Tests: Replace RORR with a proportionality-based approach to ensure fairness is at the heart of every decision.
- Promote Alternative Dispute Resolution: Increase early mediation to reduce formal hearings and expand the excellent work ACAS does to raise awareness of fair practice.
Final Thoughts
Pamela, Director at p3od says:
“This article highlights exactly what we see in our work every day. The Employment Tribunal system, while essential for workplace fairness, is struggling to keep pace with modern demands. As businesses navigate these challenges, the delays and outdated processes don’t just create frustration, they often lead to uncertainty and unnecessary costs for all parties involved. We believe it’s time for proactive change. Businesses need clear, practical solutions to stay compliant, manage disputes effectively, and foster a positive workplace culture. By investing in digitalisation, early dispute resolution, and fairer legal frameworks, we can create a system that truly serves everyone.”
The Employment Tribunal system is a cornerstone of workplace fairness, but it’s groaning under the weight of modern challenges. It’s time to give it the update it deserves—make it faster, fairer, and more efficient. A system that works for everyone benefits employees, employers, and HR professionals alike.
Need support with an ongoing case? Got a tribunal war story or thoughts on how the system could improve? We’d love to hear from you.
