Employment Tribunal System Taskforce
Low Pay Unit Response - February 2002
Summary
The Low Pay Unit made two responses to the Taskforce as requested, the first under the broad categories of their terms of reference, and the second based on a set of specific questions they issued subsequently.
Both responses considered how to improve the user focus of employment tribunals, and to take particular account of the needs of unrepresented applicants. We focussed on analysing gaps in information provision for users and developing advice services, with other suggestions to improve tribunal performance.
Information provision
Meeting unmet needs for information does not necessarily require the Employment Tribunal Service to produce longer or more complicated leaflets. Instead, the focus should be placed on making sure that sufficient information is provided at the time that it is required. For example, there is currently a booklet giving guidance when the applicant submits their IT1, but no information is provided at the time the applicant receives the respondent’s IT3 from the tribunal, or when the notice of hearing is sent. Appropriate information sent at these two stages could enable the applicant to prepare more effectively for the hearing, or seek settlement with greater confidence.
Advice provision
Good advice to applicants can benefit all parties. Parties can gain an objective assessment on the merits of a claim and this can prevent weak claims continuing through ignorance. It can also provide realistic expectations about the value of a claim that can assist efforts towards settlement. Where parties can get assistance understanding tribunal procedures and preparing documents tribunal time and energy can be saved. We proposed that for tribunals to improve their operational efficiency they must include an outward focus and take an active interest in the availability of advice provision within their catchment areas. Tribunals could, for example, be required to map advice provision in their area each year, investigating the number of employment specialists at CABs or Law Centres and other indicators such as waiting times with a view to assisting in its development.
We also included suggestions on changes to the IT1 form, encouraging early exchange of information, encouraging the active involvement of user groups, and trying to create a more stable workforce within the Employment Tribunal Service.
