Employment tribunals cost businesses over £800 million a year and it is forecasted that 370,000 more cases will be held in the next three years. Over and above that the public purse has to pay the Tribunal costs and appeals and in most cases legal aid for employees.
Employers, even those charged with being an employer although they are only managers cannot get legal aid. So much for a fair society where everyone can defend themselves against unfair laws!
Employment Tribunals unlike any other tribunal or court of law are not required to exchange evidence and disclose all known evidence prior to a hearing. This ridiculous law causes considerable additional cost in defence and prosecution. Probably 90% of cases brought to Tribunal could be cleared up before they got to a Tribunal if the law was changed to make it compulsory to declare all evidence and charges prior to hearings.It should also be necessasry to have all evidence sworn under oath as the Tribunal records will show that many points of so called evidence have just been a fabrication of hearsay and lies. The law should therefore also be changed to make it necessary to prove without reasonable doubt that evidence is real evidence and not simply a play on words.
Why is this idea important?
Tribunals are very long winded affairs and the legal costs are high for both sides although of course Joe Public usually picks up the bill for the employee. Lawyers on legal aid are in no hurry to end a case quickly and the lack of rules of evidence and requirements to disclose fully all proven evidence do not allow fair unbiased hearings to take place. There are several cases where lies have been used as evidence and miscarriages of justice have occurred.
Tribunals were originally meant to be hearings that were fairer and simpler than civil court cases however they have now been turned into a very complicated and unjust civil action that is more costly and long winded than civil cases.