I have spent a considerable amount of time in and dealing with employment tribunals since January. Although the fees regime was abolished in July last year, it seemed to take until January this year for the increase in claims to really filter through to clients and then on to us as their lawyers. This was, I think, a combination of it taking a while for claims to be presented and then even longer for them to work their way through a slimmed-down and resource-starved system to become an ET2. Like many employment law teams, we have had to play catch up with our own resourcing to match this demand. In the interim it has been all hands to the pumps, including mine. I haven’t filled out so many case management agendas and attended so many preliminary and full hearings since fees were introduced in 2013.

What is apparent is the need for change, both in terms of the resources – judicial and administrative – that the tribunals have available to them, but also in the way in which cases the are dealt with. One example struck me as a good illustration of the need for change. A claimant had made an application to admit certain evidence, which was opposed by the respondent. The application had been made by email to the tribunal which was the administration centre for the tribunal that would hear the case. The opposition to the application was also in the form of an email, as was the ensuing correspondence. When enquiries were made of the tribunal as to the progress of the application, we were told that all the correspondence had been printed off and put in a van to go to the tribunal hearing the case, to be considered there. Paper? Van? Diesel? Driver? This all seemed strange in the digital era.

In another case, we had a hearing bundle of more than 3,000 pages, arranged over six lever-arch files. There were three parties, so for the hearing we needed copies for each party, plus the panel of three and the witness table. Seven bundles totalling more than 21,000 sheets of paper and 42 lever arch files. All needed to be transported to various destinations. Paper? Van? Diesel? Driver? (In fact, one party had opted for an electronic bundle and looked very casual with his rucksack and iPad, rather than a huge pull-along wheelie case).

While one should hesitate in relying too much on anecdotal evidence, I suspect that these two experiences will be ones that we all recognise. The latest employment tribunal statistics have just been published and these include details of disposals of cases and the number of claims outstanding. In relation to disposals, while there was an increase in claims disposed of during the period April to June 2018, compared to the same period last year, the overall trend is down since fees were introduced in 2013.

In relation to claims outstanding, this has increased steadily since 2013/2014 and has accelerated since fees were abolished. In day-to-day terms, this means delays and cancellations as the system struggles to cope. While the recruitment of new employment judges is very welcome and will certainly improve the situation, investment is also needed to update practices and make the administration and hearing of cases much more efficient and less costly to the tax-payer, parties and environment. That includes a willingness on our part to embrace change.

Alex Lock, DAC Beachcroft LLP