Justice delayed is justice denied as employment tribunal delays worsen
On 8 February 2023, Mike Freer, the Parliamentary Under-Secretary of State for Justice, answered a written question posed by Labour MP Angela Rayner, setting out the average waiting time between an employee presenting a claim at the Employment Tribunal and the first hearing.
Figures available up to March 2021 show an average of 49 weeks. Current statistics on waiting times are not yet available due to a transition to a new case management system in 2021, but we know anecdotally the position now is worse. It should also be noted that a ‘first hearing’ is most often a preliminary hearing to set the timetable and manage the case. The final hearing (the trial) is usually a considerable time after that, particularly if it requires listing for more than two days. We are seeing claims in the Watford Employment Tribunal take in excess of two years to conclude.
As for the number of outstanding cases, published figures show that at the end of September 2022, there were 45,000 single cases outstanding (up from 43,000 at the end of June 2022) and 448,000 multiple cases outstanding (up from 443,000 at the end of June 2022).
This is a serious erosion of workers’ rights and impacts employers. Employees who have, in many cases, lost their job already have to contend with the fact that their legal costs are not usually recoverable even if they are ultimately successful in their claim, but the mental toll and financial impact of waiting years to have the claim disposed of means that for many there is no access to justice. Often key witnesses for the employer will have moved on to other employment. For both parties, memories fade and documentary evidence may be more difficult to locate.
It does little to afford employers business certainty at a time when financial planning is increasingly challenging in the current economic climate.
A system designed to provide affordable and swift resolution to workplace disputes is currently not fit for purpose. While the Government announced a £2.85 million investment in December 2022 to allow up to 1,700 more cases to come before judges by the end of March 2023, it has not yet translated into any concrete improvements. It will do little to reassure those already in the system.
Of course, prevention is better than cure. While some disputes are inevitable, employers can reduce the risk considerably by having clear and fair workplace practices and addressing any concerns promptly. If a dispute arises, it is more important than ever for the parties in an employment dispute to take advice and, if appropriate, enter into settlement negotiations early.
DISCLAIMER: The content of this article has been prepared for informational purposes only. The content does not constitute legal advice, nor does it give rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances.
If you require specific assistance regarding an employment tribunal or any other employment-related matter, please contact our specialist employment team.