01/02/2023

GB CONSULTATON: PANEL COMPOSITION IN EMPLOYMENT TRIBUNALS & EMPLOYMENT APPEAL TRIBUNAL

Senior President of Tribunals has launched the above consultation proposing to change who can hear Tribunal cases in an effort to make the process more accessible and efficient.

The Consultation – panel composition in the Employment Tribunals and the Employment Appeal Tribunal states that including non-legal members on panels can affect the length of time involved or extend the time taken to make a decision or judgment.

It notes that listing hearings on dates convenient for three members of panel is also more difficult than where a judge can sit alone.

The Consultation seeks responses to 8 Questions as follows:

1. Do you agree that cases in the ETs which are currently heard by a panel should instead be heard by a judge alone by default?

2. Do you agree that unfair dismissal claims in the ETs should continue to be heard by a judge alone by default?

3. Do you agree that other kinds of claims in the ETs which are currently heard by a judge alone by default should continue to be?

4. Do you agree that cases in the EAT should continue to be heard by a judge alone by default?

5. Do you agree that there should be a power to direct that a case be heard by a panel of two judges, to deal with particularly complex cases or where other circumstances justify it?

6. Do you agree that decisions other than at substantive hearings should be made by a judge alone in all cases?

7. In cases which are judge alone by default, how should the discretion to sit with a panel be guided and exercised?

8. Do you have any other comments?

This GB consultation is open until 27 March 2023 and we will keep Members appraised of any developments. It will be interesting to see if a similar approach is considered for Northern Ireland. However, the Northern Ireland President is about to launch his judicial mediation process in an effort to make the process more efficient. Therefore, if this were to be considered for Northern Ireland it may not be this year.