ABSTRACT

The thought of going to a tribunal to resolve a dispute is most employers’ and employees’ worst nightmare. Yet, on average, over 100,000 applicants/ respondents undertake such a journey every year. As long ago as 1968, the then government’s White Paper, In Place of Strife (very appropriately termed), recommended a free, informal and speedy forum for dealing with unfair dismissal claims. Industrial tribunals (now employment tribunals) emerged out of the former National Industrial Relations Court as that forum. That was the era when lawyers rarely practised employment law. Since then, with a growth in legislation, exhaustive legal intervention generally, high levels of employment litigation and an emerging number of employment law specialists, over 100,000 cases have arisen annually and this once virtuous system has become overloaded. Consequently, alongside these changes, an exhaustive body of case law has developed. The end result is that whilst some individuals relish their day in tribunal, others find the experience altogether too daunting and frustrating. This contributes to Acas resolving some 75% of cases before they get to tribunal. Against this background, the Employment Rights (Dispute Resolution) Act (ER(DR)A) 1998 was born.