Judges are not exercising their power to dismiss claims early at Employment Tribunals, despite a growing backlog of cases, says GQ|Littler, the specialist employment law firm. As a result, employees and employers face long delays in having their case heard.

The early dismissal of claims is possible under ‘Rule 27’, which allows judges to dismiss a claim (or a response) they believe has no reasonable prospect of success before it reaches a court hearing, reducing employees’ and employers’ legal costs and reducing the burden on the Employment Tribunal system.

GQ|Littler says the current volume of claims going through to a court hearing is worsening the backlog of cases and that the mounting backlog means employers are distracted from more strategic management issues due to uncertainty over the outcome of a claim. Employees are also likely to be anxious over the delay and may struggle financially while waiting for compensation to be awarded.

Raoul Parekh, partner at GQ|Littler, says:

“Why go to the trouble of creating a power, and then not use it? With the backlog of claims ever worsening and limited resources, tribunal judges should use every option to stem the tide. The fact that judges are not using their powers to dismiss claims early may reflect their sympathy towards claimants in wanting to give their case a chance rather than dismissing them out of hand. Understandably, judges will not want to restrict access to justice.

“However, the high volume of claims reaching a first hearing is contributing to the worsening backlog. This backlog of cases is prolonging the process for both employees and employers, who are being left in the dark over when their case will be resolved.

“There is an urgent need to address the lack of resources at tribunals, through new funding for front line judicial staff as well as administrative staff. In the meantime, it is important to find ways of improving efficiency. If the backlog and waiting times continue to grow, Employment Tribunals will cease to be an effective body for employees or employers.”

The backlog of cases at Employment Tribunals increased by 39% to 26,664 in the last year.