According to The Times, workers are being pressured to settle their employment claims rather than waiting for the court to hear them. The tribunal system is reportedly struggling to handle the increased volume of business.
Some trials will be listed in 2023.
According to data from the The, outstanding single claims in England and Wales hit 45,000 in January.Ministry of Justice.
This figure is substantially higher than the 36,000 mark in 2009-10, which was the peak at the end of the financial crisis.
The pandemic caused cases to be put on hold for three more months in spring 2020, and also led to a lot of disputes at work.
An overview from theAssociation of Employment Lawyers(ELA) – seen byThe TimesAccording to the study, 40% of lawyers wait more than a year before their cases are heard.
700 respondents indicated that there are often significant delays in final hearings. More than 80 percent of final hearings were related to events occurring at least six months back. 90 percent of lawyers had final hearings scheduled six months in the future.
One respondent stated that the system was “scandalously over-resourced” and that they “just seem to be drowning.” Another stated that it was nearly impossible to reach the tribunals via phone, even though this is sometimes necessary in urgent cases.
A spokesperson for the Ministry of Justice stated that they were investing PS76 million in tribunals and new video technology to recruit more judges. We have added 5,000 sitting days to help drive recovery and employment tribunal hearings are back at pre-pandemic levels.
Contrary to this,Ryan RussellPartner atLegal MMLTell me.SLNHe was “surprised” at the findings and noted that “the Scottish tribunal system has been very efficient”.
He said, “The online CVP hearing system has allowed the vast majority to be dealt with within the same time frame.”
“There has been some delay in in-person hearings, but overall I think that the tribunal system in Scotland has adapted very well. Everyone is doing their best in the circumstances.”
However, he expressed concern over the claims that workers are being forced to settle.
“I would be very concerned if a worker was forced to settle a claim.” He said that the pursuit of a tribunal is always about making the best of a bad situation. In litigation, there are never any guarantees.”