By Jo Seery, Professional Support Lawyer
The Employment Lawyers Association has called for urgent and wide‑ranging reforms to the employment tribunal system, warning that delays are undermining access to justice for workers and employers alike amid a growing backlog of cases.
The proposed reforms centre on compulsory mediation for all claims. It is also suggested that there be a three‑track system based on the value and complexity of disputes as follows;
- Lower‑value claims under £20,000 handled by legal officers on the basis that this would be quicker and more informal.
- Mid‑range cases subject to strict limits on evidence and hearing time, alongside early judicial assessment to encourage settlement.
- More complex or high‑value cases treated in line with civil court procedures, with full hearings, disclosure requirements and the potential for costs.
These proposals come against a backdrop of mounting pressure on the tribunal system. Outstanding cases have nearly doubled in recent years to close to 60,000, with some hearings now delayed by several years. Given that these delays are being driven by increasingly complex and document‑heavy claims, including a rise in discrimination and whistleblowing cases, as well as the growing use of AI tools by litigants in person, it is uncertain how big an impact such reforms would have.
In any case, improvements which would help streamline the tribunal system without requiring significant new funding, and which ensures workers have quicker, more effective access to justice is long overdue.
