EMPLOYMENT TRIBUNAL USERS’ MEETING SOUTH EAST REGION – BURY ST EDMUNDS
14 NOVEMBER 2017
TRITON HOUSE, ST ANDREWS STREET NORTH, BURY ST EDMUNDS, SUFFOLK, IP33 1TR
RECORD OF MEETING
1. Welcome & Introductions: The Regional Employment Judge welcomed all in attendance.
Present: REJ Richard Byrne (Regional Employment Judge South East Region), Employment Judge Jean Laidler, Paul Jackson (Cambridge Legal Practice), Andy Schooler (Tribunal Members’
Association), Sam Greenhalgh (Birketts LLP), Simon Quantrill (Quantrills), Carl Poole (HMCTS)
Apologies: John Williams (Chairman of the Tribunal Members’ Association), Peter Stanway (Back up HR)
2. Regional Performance: REJ Byrne set out the geographical make up of the South East Region and provided an overview of past and current performance. The key points being:
i. Overall, performance has stood up well over the last 6 months considering the reduced judicial resource.
ii. Across the region there are some 80,000 live cases, which includes a large holiday pay multiple re-issued three times. However after taking account of that case the overall workload is up.
iii. The percentage of claims completed within 26 weeks has dipped to 57%, against a performance of 67% over the 2016-17 year.
iv. Time taken to serve claims is currently 11 days, compared with 9 days in 2016-17.
v. Average number of days from hearing to sending a written judgement and reasons is 30 days, compared to 24 days in 2016-17.
vi. As such, performance is down compared to a year ago against these Key Measures. Lack of salaried judicial resource arising from the retirement of 3 salaried judges is a contributory factor. It was also noted that in addition EJ David Moore was due to retire (from Cambridge) by the end of this calendar year.
3. Regional & National Developments:
i. Fees Order 2013: REJ Byrne explained the current and emerging impact of the Supreme Court’s decision of 26 July 2017 (following the UNISON claim) which ruled that the fees regime in Employment Tribunal claims was unlawful. A significant increase in workload is starting to materialise, although the impact in terms of additional sitting days required to service this work is not yet known.
ii. Emailed questions from Paul Jackson: REJ Byrne took each question in turn. In answering the questions the following was noted and discussed:
- Within one week of the Unison claim decision the Delivery Director authorised an additional 5 staff to support the expected increase in work.
- The Huntingdon Administration Centre staff has now been disbanded (staff largely redeployed to other HMCTS roles) and the consequential challenges of transferring the work to Watford due to the initial lack of resource was acknowledged. Judge Byrne apologised for a period of transition but was pleased to report that recruitment was now at full strength and systems are bedding in well.
- The wait for a 5 day hearing at Watford and Reading had increased by three months in the last six months as a result of the volume of work at those two venues.
- The obvious need for judicial resource and recruitment was discussed. REJ Byrne informed the meeting that he had put a business case to the HMCTS Delivery Director to backfill the known judicial retirements in the current year with fee paid judges and was pleased that this was supported by the administration.
- In October 2017 63 fee paid judicial hearing days were sat across the region. That was half of the total regional allocation for the previous year. This demonstrates that fee paid judges are being deployed and utilised as much as possible.
- The vetting of published judgements was discussed in some detail. It was confirmed that no decision is made by an Employment Judge whether or not a Judgment, with reason where requested, be put online because the decision to put Judgments and reason inline is a decision taken by the administration. However, the various options open to a Judge under Rule 50 remain and that is a matter of
judicial discretion. The Presidents in England and Wales and in Scotland have also issued informal guidance to assist Judges in considering their exercise of discretion.
It is incumbent on parties to alert the Judge to any matters they fell should not be part of the reason put online, and why.
- Simon Quantrill raised the issue of naming conventions upon publication. At present whether or not a Judgment is with reasons cannot be established until the judgment is opened on line. REJ Byrne undertook to make enquiries as to whether published judgments could readily and consistently note whether there were reason attached.
4. Revised Vento Bands: REJ Byrne confirmed the content of the Presidential Guidance of 5 September 2017 and that all attendees were familiar with it.
5. Any Other Business:
i. Presidential Practice Direction – Presentation of Claims: The Practice Direction of 02 November 2017 was referred to. Claims backdated to the Unison Decision of 26-07-17 can be submitted on line, by post at Leicester and presented at the Watford (Radius House) and Cambridge (Cambridge County Court) Employment Tribunals Offices.
ii. Listing & Adjournments: It was confirmed that in the event of having to postpone cases, the principle of keeping the oldest case in was adhered to. The use of video conferencing, where available, to prevent witnesses travelling large distances was to be encouraged. REJ Byrne reminded users that not all changes to a case management timetables required judicial determination, if they were by consent of all parties and the Tribunal office notified.
iii. Delays at Watford: various examples regarding delays at Watford were acknowledged by REJ Byrne and he apologised for the delays. The view of users is that staff are helpful, albeit pressed. Following a question from Sam Greenhalgh it was suggested that, to assist,
practitioners were encouraged to mark email/correspondence as urgent (where relevant) and FAO the Judge case managing it (if so assigned) to enable staff to better identify and
prioritise work flow. Overall, the delays connected with the transfer from Huntingdon to Watford are improving.
iv. Digital Working & Wifi: Progress with the HMCTS Reform programme was referred to and the overarching timetable to 2020 was explained, which included:
- Dual Screens had been procured and hearings using the screens were being trialled in other jurisdictions.
- The Track My Appeal pilot within the Social Security & Child Services (SSCS) Tribunal is understood to be going well. The Divorce on Line project is progressing and the introduction of Digital Mark Up & the Common Platform for the Criminal justice system is now being used.
- Funding for Triton House, Bury St Edmunds to be wifi enabled has been approved.
Enabling works were ongoing and currently at stage 10 of a 12 stage process.
Post Meeting Note: This should be complete by 01 December 2017. A letter to practitioners is attached and explains the process for pre registering from 30 November 2017. At the same time the GovWifi service will also be enabled for non professional users.
6. Date of Next Meeting: 18 April 2018
7. Close: REJ Byrne closed the meeting with thanks to those attending.
