The Administrative Justice and Tribunals Council (AJTC) has declined to comment on the draft Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2011 recently sent to it by the Government. The AJTC states that the draft regulations, yet to appear on www.legislation.gov.uk, would effect policy decisions taken in the light of the 'Resolving Workplace Disputes' consultation, to which the Government has yet to publish its response. These draft regulations would amend the Employment Tribunal Rules of Procedure in respect of witness statements and expenses, deposits and costs, as well as the present rule on sending certain documents to the EHRC in some types of cases.
The Administrative Justice and Tribunals Council is an advisory non-departmental public body established by the Tribunals, Courts and Enforcement Act 2007 to keep under review the administrative justice system as a whole with a view to making it accessible, fair and efficient. It seeks to ensure that the relationships between the courts, tribunals, ombudsmen and alternative dispute resolution providers satisfactorily reflect the needs of users.
The AJTC has declined to comment on the draft regulations for several reasons. First, it considers that the notice given by the Government was far too short - the Government sent the draft regulations on 30 September, seeking views by 7 October. The AJTC's need to consult its Welsh and Scottish committees rendered the proposed seven-day timescale even more unfeasible. Secondly, the AJTC thought it inappropriate to consult on the draft regulations before the government's response to the consultation paper was published. In the AJTC's view, the draft regulations do not make sense on their own. Commenting on such proposals without a clear idea on other measures arising out of the consultation would only produce disjointed comments likely to be of little value.
The AJTC was also concerned that seeking views on the draft regulations, and publishing the recent discussion papers 'Flexible, Effective, Fair: Promoting Economic Growth Through A Strong And Effective Market' and the Red Tape Challenge focusing on employment law, all before the Government's response to the consultation, created an impression of ill-considered and hasty policy making. This compounds the AJTC's concerns, voiced in its consultation response, that some government proposals appear to be based on little evidence. Finally, the AJTC stated that it would welcome clarification on the introduction of fees for employment tribunal claims. It would be particularly concerned if the effect of the fees policy was to deter meritorious claims and to favour one side over the other.
Further information:
http://www.justice.gov.uk/
Source: AJTC 12/10/2011
© Incomes Data Services Ltd, 2011 (this news alert may not be reproduced without prior permission of IDS).
Follow IDS on Twitter or visit our blog at www.idseye.com