Employment tribunal system is close to breaking point: Hannah Strawbridge

And, I am not apportioning blame.

The system is close to breaking point and without proper, well-thought-out action we may see the system collapse beyond repair.

Not everyone knows that solicitors have a duty to the court which takes priority over our duty to clients.

In practical terms, this means we assist the court wherever we can, we respect the judiciary, and we don’t allow our client’s instructions to interfere with our duty to be professional and respect the system we work in.

It’s not always an easy balance to achieve.

In this context, I consider my duty extends to putting this to government for an answer: ‘The total number of tribunal claims increased by nearly 13 per cent between April 2023 and March 2024. Cases lodged are taking years to reach a hearing. Even then, cases are being postponed at the last minute. Tribunal staff are struggling to cope with the amount of paperwork they have to deal with. The offices are understaffed and under-resourced.

This all raises real questions as to whether justice is being served, and whether the system is fair, for all parties.

How are witnesses meant to recall details of events that happened years prior?

How are small businesses meant to be able to afford legal fees which are now far greater due to delays in the process?

How are individuals who have been through trauma at work, meant to look after their mental health?

How can the increased costs, delays, and postponements be justified to the British taxpayer?’

The Labour government plans to reform large areas of employment law legislation, and the tribunal process, which are likely to have an impact on both employee rights and SME businesses in particular.

The ‘biggie’ is the proposal to introduce day one unfair dismissal rights.

Currently, an employee who considers they have been unfairly dismissed by their employer needs to have two years’ service, to bring such a claim (but there are exceptions).

In the context of the facts and questions I’ve raised above, and given an individual can bring a claim at Tribunal without a fee, this worries me.

Not because I don’t want employees to have the rights they should have – I do.

But this proposal will increase case numbers, and will increase spurious claims.

I’m just not sure we are quite ready.

Are employees being promised rights and justice, when in reality, the system won’t be in any place to deliver them?

Only time will tell…

Hannah Strawbridge is Founder of Han Law Co