Appeal court defends tribunals but says their effectiveness depends on "attitudes of litigants"

Employment Law & HR update 02/09/2011

A Judge in the Court of Appeal has delivered a robust defence of the employment tribunal system, but says that some of the shortcomings are due to the "attitudes and approaches of some litigants to the process of reasonable resolution of conflict".

Speaking when giving judgement in a case he agreed that "too much public money and time" had been spent. Lord Justice Mummery said that the case was not typical and went on to defend the employment tribunal system in general. He said that alternatives would have adverse effects on public order, social harmony and national prosperity. Lord Justice Mummery also said that "if workers are given rights, there must be properly qualified, impartial and independent tribunals to adjudicate on them".

Lord Justice Mummery's comments have come at a time where employment tribunals are under intense pressure owing to an increased caseload – up 50% in one year – and public spending cuts. The Government is also in the process of consulting over streamlining employment tribunal procedures and keeping cases out of tribunals altogether.

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