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7 min read.

Employment Tribunals – an alternative to the queue 

In 2017 the Employment Tribunal system changed when a UK Supreme Court case declared Employment Tribunal fees unlawful. Employment law solicitor Tim Wolley looks at the effects of this landmark ruling on the employment tribunal process. 

What is the effect on tribunals? 

Employment tribunals were a slow process to begin with but with the ruling in 2017, the process of getting to tribunal has continued to slow. This now means the queue of cases is growing along with the number of applications, which increased by 25% this year. 

This could leave tribunals unable to cope or process workplace disputes. Some applicants are suffering through lengthy waits. One case saw an 8 month wait before their case was heard.  

What could this mean for my case at tribunal?  

Delays can cause stress and can also risk memories fading or becoming unclear as time goes on. Furthermore, the wait could result in your key witness no longer being around if they resign or retire from the business.  

Is there an alternative? 

Acas offers an early conciliation process. In its annual report Acas shows significant growth in the take up of the tribunal alternative, which will see the case resolved outside of court. 

But what is early conciliation?  

The service is provided by Acas, and before starting a tribunal claim for a workplace dispute, you have to tell Acas 

You are then offered early conciliation, which means an Acas conciliator will talk to both you and the other person in the dispute. The aim is to find a solution both parties can live with without having to go to tribunal. Early conciliation is impartial and is a simple way to save both parties time, worry and expense.  

Early conciliation is not part of the tribunal process, which can also help to manage the flow of applications going to tribunal hearings 

What are the benefits of using the early conciliation with Acas:

 Talks between you and the other party will take place over the phone for up to one month with Acas. That can be extended for two weeks though if you’re close to an agreement. 

The use of early conciliation is very similar to the process put in place in the Civil and Family Courts. In the Civil Courts any party not prepared to try alternative dispute resolution can be penalised. And in the Family Court many cases expect parties to attend a mediation information and assessment meeting before starting proceedings.  

With employment tribunals full to bursting, disputes are more likely to be dealt with and not left for months through the early conciliation process, so long as everyone involved is prepared to find a resolution.  

You can find out more about employment law and how to work through the process of workplace disputes from employment specialist Tim Wolley on 01782 200007. 

 

 

 

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