There is no doubt that the effects of the COVID-19 pandemic have only increased the pressure on an already struggling system. The Law Society Gazette recently reported that the backlog of cases is now 26% higher than it was at the beginning of March 2020.
Unemployment rates are likely to continue to rise in the coming months as the Coronavirus Job Retention Scheme (CJRS) draws to a close on 31 October 2020. This will inevitably bring a further wave of cases from individuals challenging their employer’s decision to end their employment.
The significant backlog of cases could be seriously detrimental to the interests of justice. Lengthy delays can result in evidence being lost, memories fading, and the fairness of negotiations being negatively impacted.
Christine Hart’s article in the September 2020 edition of the Liverpool Law Society magazine considered the impact that extending Employment Tribunal time limits could have on reducing the current backlog of cases. It is suggested that by increasing the time limit for all claims from three months to six months could allow extra time for Claimants to consider settlement of their claims rather than rushing to issue their claim before the limitation period expires where settlement was a possibility.
In a bid to ease the congestion, the Government is now set to amend the Employment Tribunal Rules of Procedure 2013 to increase hearing capacity in the Tribunal. As such, it is understood that non-employment judges such as First-tier Tribunal, High Court Judges and Circuit Judges will be able to sit as Employment Judges. There will also be more flexibility in the use of remote hearings and multiple Claimants may use the same claim form if the circumstances ‘give rise to common or related issues of fact or law or if it is otherwise reasonable for their claims to be made on the same claim form’. The changes are expected to come into force on 8 October 2020. However, it remains to be seen whether these changes will assist in reducing the backlog of claims facing the Tribunal.
For any questions or assistance please contact Christine Hart here.
