Letter to the Times in response to ‘Tribunal System in Chaos..’ article on 1 February 2021: submitted jointly by the Chairs of ELA, ELBA and ILS

Letter to the Editor of the Times in response to ‘Tribunal System in Chaos..’ article on 1 February 2021: submitted jointly by the Chairs of ELA, ELBA and ILS

1 February 2021

Sir,

Our members represent both employees and employers.

We were very disappointed to read the “investigation” pieces on the employment tribunal (‘Tribunal system chaos: No experience necessary to be a judge in hearings free-for-all’ and ‘Poet and novelist amongst judges fast-tracked to the bench’) and, in particular, the unwarranted attack on newly-appointed employment judges.

We do not accept the accuracy and factual basis of some of the assertions made but restrict ourselves to addressing the following specific points.

First, access to justice is a fundamental right. It is essential to our society that workers are able to enforce their employment rights.

Second, employment tribunal fees were abolished in 2017 because the Supreme Court found them to be unlawful due to their severe curtailment on access to justice. Claims had reduced by almost 70% following their unlawful introduction in 2013. That workers now have access to the employment tribunals is to be welcomed.

Third, the employment tribunal system has been grossly under-funded for some time and requires significant government investment in order to fairly dispense justice to employees and employers. This has become even more apparent during the pandemic. A promised modernised electronic case management system is long overdue. Crucially, the employment tribunal system requires increased administrative and judicial resource i.e. more staff and more judges.

Fourth, employment judges are appointed by an independent Judicial Appointments Commission. The personal (and discriminatory) attack on employment judges who have been appointed following such a process is entirely without justification and particularly concerning.

Yours faithfully

Marian Bloodworth (Chair, Employment Lawyers Association)
Sarah Fraser Butlin (Chair, Industrial Law Society)
Diya Sen Gupta QC (Chair, Employment Law Bar Association)