Employment Tribunals System

Paper Summary:

This essay provides a critical analysis of the contemporary operation of the employment tribunal system with particular emphasis on its key failings as a forum for resolving individual employment disputes. A number of recent legislative reforms, and the impact that they have had on resolving the faults of the system, are also discussed.

Outline:
Abstract
The Cost of Tribunals
Too Many Applicants
Increased Legal Regulation
Encouragement of Unmeritious Claims
Reforms to the system
Conclusion

From the Paper:

"Employment Tribunals were originally established for the sole purpose of hearing appeals concerning 'industrial training levies' under the Industrial Training Act 1964 . Since then, their jurisdiction has been gradually, yet substantially, increased and enhanced through a variety of legislative measures , legal judgments and the adoption of various EU policies ; leading to a total jurisdiction which now covers over eighty types of complaint."

Sample of Sources Used:

• "CBI Criticises Complexity of Tribunal System" Company Lawyer (2005) 26(12), pp.368-369
• Chapman, C. "Employment Tribunal Reforms - An integral part of workplace dispute resolution or an economy measure? Do they achieve the ideas of access to justice, fairness and efficiency, and user-friendly public service?"Industrial Law Society Spring Conference, 8th May 2004.http://www.industriallawsociety.org.uk/papers/chapmanpaper.htm (Accessed November 2005)
• Davies, C. "New Employment Tribunal Rules: An Overview" Employment Law and Litigation (2001), 6.2(2)
• Halsey, M. "Maximum Impact?", New Law Journal, (2005), 155.7170(502)
• Harris, J. "Employment Tribunal Claims Drop 25% to Hit Seven-Year Low" Lawyer (2005) 19(29), 4

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