Monday, August 01, 2011

Lord Justice defends Employment tribunals

"In a fascinating judgement handed down today, the Court of Appeal has delivered a robust, compelling and bold defence of the employment tribunal and judicial system". So said Employment law solicitor, Daniel Barnett, in his e-newsletter last Friday about "Red" Lord Justice Mummery's recent judgement.

Now, I must admit that I think there are indeed serious problems with the employment tribunal system. For me the system is unfairly biased against workers and I would like to see it reformed and rebalanced otherwise. 

But, the present government is pushing ahead with plans to get rid of many of the already basic and minimal employment protection and enforcement rights that British workers "enjoy".

So, since we already have possibly amongst the worse employment rights in Europe already it is actually a relief to read that a very senior judge believes that the existing system works and therefore (by implication) does not need to be watered down any further.

The judgement makes a number of points but I think No. 20 is compelling   " for those who complain about the time taken and the legal costs and other expenses and losses incurred, I think that they would want the hearings to be conducted in the interests of justice to both sides. I have seen very few constructive suggestions for practical improvements. If workers are given rights, there must be properly qualified, impartial and independent tribunals to adjudicate on them in accordance with a fair procedure. If workers are not given the necessary means for the just adjudication of their claims, procedures of a more rough and ready non-judicial kind may be used. The alternative procedures would probably not be impartial, independent or just, and are unlikely to do much for public order, social harmony or national prosperity". 


Jonathan said...

The Government has dealt a hammer blow to workers rights. How can employees afford over £1,250 + expenses for a Tribunal hearing, when employers are already treating workers like they did in this case which happened under current legislation.

John Gray said...

Hi Jonathan

You are right this proposal is simply disgusting. Rogue employers have been given the green light to exploit and rip off workers.

Good idea about striking off directors who cheat their staff. Although at the moment they can kill their staff and still not be struck off!

I hope the ordinary people of Harrow East change their MP next time and get someone who will stand up for them and their rights.

Anonymous said...

Sometimes the judgement of people are unrelibable and unsafe there is a delay in miscarriage of justice even in employment matters.
Justice secretary should review case of doubts please

John Gray said...

agreed anon but the tories are trying to get rid of any justice for working people.