Ben Smith, Senior Associate, warned that the changes could “potentially open up a lot of claims”, noting that the system is already suffering from backlogs.
Smith told the Times: “I think the risk is the tribunal is slow, there’s a big backlog, it’s getting better but it’s still slow.”
“So if you’ve got that influx of new cases from people who previously wouldn’t have a claim, I think it will take us back to the very very big backlogs, very slow process for claims, just because there is not the resource, and then it’s a lose-lose.”
“What often happens is that employees will drop claims or just won’t bring claims at all because it takes a long time, and then employers with good cases, if they’ve got a good defence, they will feel pressure just to settle just to get it out of the way rather than wait two years.”
He added: “There is little or no further capacity in employment tribunals across the country — a spike in claims would cause even longer backlogs.”
