The location and type of employment tribunal claim can determine the chances of success : a unique investigation into the history and current workings of the employment tribunal system

Lord, JD; Percy, DF; Rowlands, K

Abstract

The UK Employment Tribunal System (ETS) is 'broken' and in need of reform according to the British Chamber of Commerce (BCC) (2011) and the Confederation of British Industry (CBI) (2011). This resulted in a number of governmental reviews and significant changes to how employment tribunals operated, in particular the increasing use of Judges working alone and the implementation of tribunal fees.


Through analysing these historical changes Lord and Redfern (2013) identified elements of the Employment Tribunal System (ETS) that could be improved to increase its overall effectiveness, ability to minimise justice and various factors that affected their claim. From these variable factors this paper focuses upon the three dimensions of a claim; (1) the year, (2) the jurisidction and (3) the geographical location of where the claim was heard between 2013-2017.


The analysis of the data reveals that London has the least chance of success for a claimant, with the North-East being the region with the greatest chance of success. 2016-17 offered the least chance of success whilst 2014-15 offered the greatest chance of success for a claim. Redundancy had the greatest chance of success whereas Discrimination suffered from the least chance of success.


From these findings, this paper goes onto conclude that where the tribunal claim is held could have a potential impact upon the success of case. The paper also suggests that this could be related to the social and political nature of the area, or the demographics of the tribunal panel from these locations.


Finally the paper concludes that judicial decions can be affected by personal, social and political infleunces depending on where, when and nature of the case.

Citation

Lord, J., Percy, D., & Rowlands, K. The location and type of employment tribunal claim can determine the chances of success : a unique investigation into the history and current workings of the employment tribunal system. Presented at British Academy of Management Conference 2018, University of the West of England, Bristol, UK

• Presentation Conference Type: Other
• Conference Name: British Academy of Management Conference 2018
• Conference Location: University of the West of England, Bristol, UK
• End Date: Sep 6, 2018
• Publication Date: Sep 7, 2018
• Deposit Date: Jul 17, 2018
• Publicly Available Date: Sep 7, 2018
• Publisher URL: https://www.bam.ac.uk/
• Additional Information: Event Type : Conference