Navigating Employment Tribunals

When a problem has arisen in the employment relationship, and it has not been possible to resolve it within the organisation, it might result in legal action. Almost all employment-related matters will end up in the Employment Tribunal.

The purpose of employment tribunals

Employment Tribunals were created by the Industrial Training Act 1964, and were originally called Industrial Tribunals. They were originally to hear appeals relating to the assessment of training levies, under the 1964 Act. Over the years their brief has extended considerably, and they are probably best known for hearing cases relating to unfair dismissal (which accounts for nearly half of their work) and discrimination.

Employment Tribunals were expanded following a commission lead by Lord Donovan. He was commissioned by the government of the time to investigate the state of employment relationships, amidst concerns about the number of unofficial strikes that were happening as well as various restrictive working practices. Lord Donovan recommended that a process be set up where an external party could quickly and easily review a dispute and find a solution – and this led to the expansion of the Employment Tribunals.

The key principles

When Donovan initially scoped out the Employment Tribunal there were four key principles underlying the system that he recommended

• The system should be easily accessible. Donovan envisaged a system with centres across the country, so that the working person could easily access a Tribunal and have their complaint addressed. In 1971, when the expansion of the Tribunal had taken place, there were Tribunals in 84 locations across the country.
• The system should be informal. Donovan set out an ideal process where there was no need for formal processes and wigs and gowns. It would be a simple process, where the working person could just explain in their own words what was going on and seek a resolution.
• It would be speedy. Donovan saw the difficulties that occur when problems fester, and he wanted a quick and easy process where the working person and the employer could sort out a problem and move on.
• It would be inexpensive. Donovan realised that cost would be a barrier to the working person engaging with the system, and therefore wanted the Tribunal process to be cheap, and preferably free.

Today’s system by comparison

The Donovan ideal led to the setting up of the Tribunal system over 50 years ago, and today it is a very different system. It is still quite accessible (although there are not 84 locations, the Tribunal will use a conference room in a hotel, or a local magistrates court if needed), but it is not informal and it is not speedy. The Tribunal system is free, but if individuals want legal representation they have to pay for it and this is rarely cheap.

Each year tens of thousands of claims are made to the Employment Tribunal, and most organisations will face a claim at some time. It is not as easy as in Donovan’s day, there are complex processes and organisations need to know when to settle, when to fight a case – and if they do fight on, what they need to do.

Join us at a half day on-line training session to find out how the Employment Tribunal works, in a session led by an Employment Tribunal Lay Member, Kathy Daniels. The Understanding and Navigating the Employment Tribunal Process sessions are scheduled for 11 December 2024, 30 April 2025 and 8 September 2025.  

Published on Oct 10, 2024 by Angela Spall