Cloisters members contribute to national debate on Tribunal Reform
Image of Caspar Glyn KC and Sarah Fraser Butlin KC
Members of Cloisters Chambers are contributing to the national debate surrounding the growing backlog crisis within the Employment Tribunal system, following major coverage by the BBC today examining delays of up to five years for unfair dismissal claims.
The feature, published by the BBC, explores the increasing strain on the Employment Tribunal system and the significant impact delays are having on both claimants and employers.
The discussion follows the release of new research commissioned by Cloisters’ Joint Head of Chambers and chair of the Employment Lawyers Association (ELA), Caspar Glyn KC.
The research project, ‘Reimagining Employment Dispute Resolution and Enforcement’, was carried out by Sarah Fraser Butlin KC and Professor Catherine Barnard and examines the causes behind escalating tribunal delays, alongside proposals for reform.
The report highlights that outstanding Employment Tribunal claims have risen sharply in recent years, with increasing numbers of complex discrimination and whistleblowing claims contributing to mounting pressures on the system. It also considers the growing impact of AI-generated claims and document-heavy litigation on tribunal resources.
Among the proposals put forward are:
Greater use of mediation and early neutral evaluation;
Reform of tribunal case management powers;
A three-track tribunal structure based on complexity and value;
Streamlined procedures for lower-value claims; and
Earlier evaluation of claims to encourage realistic settlement discussions.
Commenting on the proposals, Caspar Glyn KC said:
“Justice delayed is justice denied. The ELA has come up with a researched evidence-based plan that does not ask for more money to be poured into the system. ELA’s plan works by giving information to workers and employers so that they can be realistic about their cases, by encouraging meaningful settlement meetings, by giving powers to Employment Judges so that they can manage cases justly and by giving choices to workers the system will mean that everyone will get access to justice more quickly and effectively.”
Sarah Fraser Butlin KC added:
“After your family, your job is the most important relationship in your life. When things go wrong, you want a quick, effective resolution. The Employment Tribunal system was set up to deliver just that. But no more. Cases are now being listed in some areas for 2030. This is not access to justice. Radical reform of employment tribunals is needed urgently. This is what the ELA proposals aim to do.”
Professor Catherine Barnard commented:
“The government’s landmark employment legislation, the Employment Rights Act 2025, will be an empty vessel if the employment tribunals do not have the capacity to enforce those new rights and quickly. Cases are being listed for hearing into 2030. This is not justice for the claimants. ELA has come up with proposals to address this fundamental problem.’The proposals form part of a wider discussion around ensuring that the Employment Tribunal system remains capable of delivering timely and effective access to justice, particularly in light of anticipated increases in claims arising from the Employment Rights Act 2025 reforms.”
Read the full BBC article here: https://www.bbc.co.uk/news/articles/cp9pj2pk2j7o
BBC News also featured the issue as part of today’s national coverage, watch it here: https://youtu.be/Upe8QYZWtYk
