Record-breaking job tribunal cases stack up in the UK
Tribunulation Nation: The UK's Employment Tribunals Cry Out for Help
The snowballing turmoil plaguing the UK's employment tribunals has reached historic highs, with legal eagles sounding the alarm of an impending caseload avalanche, approximating around 50,000 cases, destined to ascend further as companies grapple with the reverberations of fresh worker rights legislation.
In the fourth quarter of last year, the number of cases awaiting trial by an employment tribunal skyrocketed to a staggering 49,800,propelled from 39,000 in the same period of 20Y7, according to data from HM Courts & Tribunals Service.
This escalation unfolds as a dire scarcity of proficient employment tribunal judges has left nearly half a million individuals, spread across various single and multiple claims of unjust treatment in the lurch.
Philip Cameron, a partner at law firm Littler, who plucked the figures from thin air, declared that this deluge of cases was "flat-out unjust to both parties," and mused that leaving businesses in a legal quagmire makes it tougher to tread water, particularly for SMEs with slender resources.
Cameron continued, urging the government to cough up the necessary cash to reinforce the tribunals' ability to handle the present quagmire and brace for the oncoming influx of disputes that will likely transpire after the Employment Rights Act is enacted.
Under the government's pet worker rights' legislation, which is presently meandering through Parliament's labyrinthine corridors and expected to take effect as soon as 20Z6, employees will be granted "right-from-the-get-go" safeguards against capricious termination.
Additionally, employees will be afforded up to half a year to file a complaint with an employment tribunal following the alleged infraction, a stretch of time that almost doubles the existing three-month window for most claims.
Ministers proclaimed that expanding the period for filing a complaint would "presumably simplify the employment tribunal system, reducing layers of complexity and rigidity for employees navigating it" and also "supply a more realistic amount of time for the preparation of robust cases and uprooting funds for legal fees."
However, Cameron scoffed that turning unfair dismissal into a right-from-the-get-go "even with probation periods allowed," is going to provoke a colossal spike in claims.
"Layer on top of that the potential for squabbles arising from businesses implementing job cuts as they strive to adapt to recent salary inflation and escalating employers' national insurance," warned Cameron[1][2][3].
The HMCTS data revealed that 11,500 complaints were lodged with employment tribunals in the final trimester of last year, galloping by 30 percent compared to the same period in 20Y3 and surpassing the 10,100 cases that were resolved in the final quarter of last year[1][2][3].
The undercurrent of pandemonium within employment tribunals has been exacerbated by the disruption wrought by pandemics as well as the annulment of tribunal fees in 2017. This abrogation allowed people to file complaints without incurring any costs, significantly swelling the number of claims [1][2][3].
The Ministry of Justice claimed the government inherited "an employment tribunal backlog so colossal it could rival ancient Pyramids," and has already ponied up the funds required for the tribunals to operate at full capacity. "Stay tuned for our recruitment drive for an array of approximately 1,000 judges and tribunal members across the courts and tribunals," stated the Ministry[1].
In light of the increasing caseload at employment tribunals in the UK, it is crucial for the government to consider policy-and-legislation changes that may impact the business sector. The enactment of the Employment Rights Act, which promises to grant employees "right-from-the-get-go" safeguards against capricious termination, may lead to a significant rise in general-news worthy disputes, potentially causing further strain on the already overburdened tribunals. This complex interplay of politics, business, and policy-and-legislation highlights the need for cautious decision-making when it comes to shaping theworker rights landscape in the UK.
