header-logo header-logo

15 October 2021 / Jennifer Sole , Caspar Glynn KC
Issue: 7952 / Categories: Features , Profession , Employment , Tribunals
printer mail-detail

Employment tribunals—at breaking point?

60709
Jennifer Sole & Caspar Glyn QC explore the stark findings of the Employment Lawyers Association’s 2021 survey
  • ELA’s 2021 member survey has exposed a crumbling and chronically underfunded tribunal system which is beset by delays and a lack of staff.

Earlier this year, the Employment Lawyers Association (ELA) commissioned an online survey of its members, the results of which revealed that the country’s employment system is in crisis. ELA is an unaffiliated and non-political group of some 6,000 lawyers who practise in the field of employment law, comprising those who represent claimants and respondents/defendants in the employment tribunals and courts, and who advise both employees/workers and employers.

ELA’s 2021 survey was conducted this April and May, by a third-party consultancy. The survey included questions about member experiences with employment tribunals, the backlog of claims, remote hearings, and the Advisory, Conciliation and Arbitration Service (Acas). The sample obtained responses from around 25% of ELA’s membership of 6,000 employment lawyers. The full results of the survey can be found

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll