SEEK: Salford Environment for Expertise and Knowledge

Poster Presentation
November 2012

Are Employment Tribunals a Barrier to Justice? A study of Unfair Dismissal Cases

Lord, J 2012, 'Are Employment Tribunals a Barrier to Justice? A study of Unfair Dismissal Cases', 8th European Conference on Management Leadership and Governance#07/11/2012#11/11/2012#Pafos#Cyprus.

Abstract

 Two publications from the British Chamber of Commerce and Chartered Institute of Personnel and Development stated that the Employment Tribunal System (ETS) is broken due to a number of reasons, including the amount of vexa-tious claims and the abuse of the system by claimants. The statements by the two employers organisations instigated an exploratory analysis of unfair dismissal claims from 1998 – 2011.The intention of the study is to analyse employment tribunals in respect of its purpose as well as discussing whether the system is broken as purported by employers organisations and what other dispute resolu-tion methods are available to organisations. Through analysing users’ perceptions of the Employment Tribunal Service, the intended outcome is to demonstrate that although there are problems with the system, it is not a barrier to justice and that it actually needs to be modernised to ensure that the service is accessible for people who have a dispute with an organisation. Employment Law is an extremely political and controversial issue at the moment, therefore this research will ana-lyse whether the current employment tribunal system is effective, and most im-portantly identify potential changes to improve the system. A mixed method ap-proach is unusual within a law discipline and would yield information that could be used to shape government thinking. This paper analyses the possible use of a mixed method approach to studying tribunals before the findings are presented. Keywords: mixed method, employment law, dispute resolution, employment tri-bunal

Authors

SEEK Members

Publication Details

Exhibited At
8th European Conference on Management Leadership and Governance, Pafos, Cyprus

Dates
From 07/11/2012 to 11/11/2012.