Essay question

The courts do not provide swift justice. They are very slow, allow for parties to delay and waste time, and redress through the courts can involve the use of qualified lawyers who charge significant sums of money. This system benefits the rich and those who have the resources to wait for an outcome/award to be made (such as employers).

The tribunal system sought to redress the balance of power and provide a speedy, cost-effective, and informal mechanism to resolve workplace disputes. They removed the advantages held by employers in disputes with (more vulnerable) employees.

Critically assess the statement given and comment on whether employment tribunals have provided the advantages identified, compared with the traditional court system. Justify your answer with reference to any changes in the law and tribunal procedure you feel are relevant.

Answer:

This question refers to the English Legal System and involves a comparison between tribunals and the traditional court system.

The answer should refer to many of the perceived advantages of tribunals –

•   Speed of Cases;

•   Reduction in Costs;

•   Expert Knowledge in Jurisdiction and Locality;

•   Informality;

•   Reducing the Workload of Courts;

•   Reasoned Hearings.

It should also describe and discuss the disadvantages of tribunals –

•   Increased Formality;

•   Limitation in Legal Assistance;

•   The Complexity of the Tribunal System;

•   No Precedent Established in Tribunals.

Having provided this information, you should then compare the traditional court system protections, availability of funding and representation and the range of remedies. Even with the removal of fees to present claims at Employment Tribunals, the perceived advantages of the tribunal system are increasingly being seen as unrealistic in practice.