The uncertainty surrounding the outcome of industrial tribunal proceedings is often cited as a potential barrier to recruitment. This uncertainty is thought to stem in part from the fact that similar cases brought before the industrial tribunals are adjudicated very differently from one instance to the next, or from one jurisdiction to another. After reviewing the historical purpose of the industrial tribunals, how they operate and recent developments, this paper shows that decisions handed down by industrial tribunals do indeed vary significantly from one jurisdiction to another. However, the source of this variability remains unclear: it may just as easily reflect the arbitrary nature of industrial tribunal justice as the fact that the cases heard by different tribunals differ in nature and severity. Finally, this paper draws on the work of Desrieux and Espinosa to show that the trade union membership of judges elected by employees does not influence the decisions handed down by industrial tribunals. This finding helps to rule out a possible source of bias in the judgements handed down by the various labour tribunals.
Employment tribunals: can the disparity in rulings be explained?
This note seeks to shed light on the alleged shortcomings in labour tribunal procedures and the diversity of the legal decisions handed down.
Reference IPP Policy Brief No. 29
Presentation
Key Results
- Labour tribunals are taking an increasingly long time to deliver justice, particularly because they are finding it increasingly difficult to mediate between the parties and are therefore having to rely more heavily on judgements.
- Procedural timelines, the need for judgements and the decisions handed down vary greatly from one tribunal to another. The reasons for these variations, however, remain unclear.
- The trade union membership of judges elected by employees does not influence the decisions handed down by the various tribunals. In particular, there are no more decisions in favour of employees in tribunals where trade unions considered to be more confrontational are better represented.
