Remote Employment Tribunal Hearings

The Workers of England Union has been at the forefront of providing representation and legal advice remotely during lockdowns and travel restrictions. Under new plans being considered by senior judges, remotely conducted employment tribunal hearings would be recorded and transcripts made available to all parties.

Background

Last month, over 300 doctors, journalists and whistleblowers wrote to Sir Keith Lindblom, the Senior President of Tribunals, and the heads of the Employment Tribunals in England, Wales and Scotland, expressing concern about the absence of official recordings. Currently, unlike most other jurisdictions, no official recordings or transcripts are made of proceedings in the employment tribunal, creating unfairness, especially for unrepresented litigants.

Proposed Changes to Remote Hearings

Responding on behalf of Sir Keith, his secretary stated: “The presidents of the Employment Tribunals are giving consideration to recordings and transcripts in the context of video hearings, where there is a facility to make a recording.”

In a few tribunals in England and Wales that share premises with other courts equipped for recording, recordings are encouraged. However, most in-person hearings lack the necessary equipment–a matter for HM Courts and Tribunals Service.

The correspondence admits that “there is no provision in the rules or the Employment Tribunal Regulations that requires hearings to be recorded or transcripts to be produced.” Nevertheless, it emphasizes that “the overriding objective of the Employment Tribunal rules of procedure is to deal with cases fairly and justly.”

Voices of Campaigners

Journalist David Hencke, a signatory of the letter, commented: “Many whistleblowers feel at a disadvantage, particularly if they wish to appeal a decision and don’t have a transcript to reference points not mentioned in the judgment.” He added: “There has to be change in the employment tribunal system to bring it up to the 21st century, and the HM Tribunal and Court Service needs to explain how they intend to bring this about.”

For more details on these developments, read our full article on recorded tribunal hearings and transcripts.

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