Consultation opens for amendments to be made to ET Rules regarding written reasons for decisions and judgements
The Tribunal Procedure Committee (TPC) has opened a consultation to propose changes to the Employment Tribunal Rules of Procedure 2013 (ET Rules).
Written reasons for decisions and judgements
Employment Tribunals across England and Wales are currently grappling with significant backlogs in tribunal cases. These delays have become particularly evident in the prolonged waiting times for written reasons for decisions and judgements from the tribunal. The backlog has been exacerbated by several factors, including an increase in claims, particularly following the abolition of tribunal fees in 2017, as well as the impact of the COVID-19 pandemic, which disrupted normal tribunal operations. However, efforts are being made to address these issues, and the new consultation on the ET Rules acts as an example.
The proposed changes
On 30 July 2024, the TPC launched a consultation on changes to the ET Rules. These changes, particularly to rules 61, 62 and 67, aim to simplify how employment judges provide written reasons for their decisions and judgements. The proposals suggest that judges should no longer be required to sign written reasons or records of decisions. Additionally, judges could offer either "short-form" or "full" reasons for their judgements, depending on the complexity of the particular case. Short-form reasons would give a brief explanation of the decision, while full reasons would provide detailed accounts where judgement has been reserved, requested by the Employment Appeal Tribunal or a higher court, or where an employment judge finds it would be in the interests of justice to do so.
It is also proposed that where an oral judgement is given at a hearing, only the unsuccessful party will be entitled to apply for written reasons. Further, where an oral decision is made at a hearing, written reasons will not be provided unless a party requests them at a hearing, or within 14 days of sending the written record of the decision.
Next steps
It is thought that the proposed changes will increase access to justice by freeing up judges to deliver reasons, reducing the writing burden on judges and ultimately assist in preventing increased delays. The consultation is open until 22 October 2024.
For more information or advice, please contact Rory Jutton in our Employment team on 0117 314 5286, or complete the form below.