Articles

1 Oct 2002

Echoes of Woolf - recommendations by the Employment Tribunal System Taskforce have paved the way for greater use of ADR in employment disputes.

By Terry Jones, CEDR Director

Legal directors may have to work more closely in future with their colleagues in human resources if some of the recommendations of the recently named Employment Tribunal System Taskforce (ETST) are implemented. HR professionals and those involved in employment litigation are now in a similar position to that occupied by commercial lawyers when Lord Woolf initially delivered his recommendations, but before the 1999 Civil Procedure Rules had been formally adopted. They will recognise that the old rules may not apply for too much longer, but will be uncertain about adopting new practices.

The ETST report, published in July 2002, sheds some light on this. The report investigates the role and work practices of the employment tribunal, which plays a major part in implementing more than 80 statutory employment provisions. The report comments on the increasing numbers of cases being referred to Tribunals. Task Force chair, Janet Gaymer, realistically acknowledges that 'the environment in which Employment Tribunals were conceived is very different from that of today. For example, the ever-increasing complexity of employment law has meant that Employment Tribunal proceedings may appear challenging for unrepresented users, who may expect informality'.

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