Tribunals - Still Open Flashcards
Intro
Development of tribunal system over 70 years shaped by multiple legal and political changes
Influenced effectiveness of tribunals that aim to resolves disputes out with court system
Recent changes raised concerns over tribunals being still impartial and open in terms of funding and governance
Post WWII
New found tribunal system established post WWII due to the need for more accessible ways to resolve disputes
UK Tribunals & Inquiries Act 1958 marks significant point in development of system
- Established tribunals as a court alternative for dealing with specialised matters
- Less formal and more accessible
Employment Tribunal introduced in 1971 to UK
- Deals with disputes between employers & employees
Early 2000s Modernisation
2007 Tribunals, Courts & Enforcement Act in UK significant milestone
Act modernised tribunal system through creation of unified structure
- First-tier & upper tribunals
- Improved efficiency of system
Recent Changes
2010s crucial changes in funding & accessibility of tribunals in UK
Con gov austerity introduced post financial crisis had impact on tribunal service
Recent Changes - Budget Cuts
Although consolidation of tribunals under Tribunals Service led to efficiencies, also budget cuts
Affected staffing & ability for tribunals to deal with increased caseloads
Quality of adjudication questioned as with less resources, tribunals pressured to quickly deliver decisions
Recent Changes - Fees for Accessing Tribunals
Controversial change, fees for employment tribunals introduced in 2013
Made to create profit but created decline in number of cases, mainly affecting low-income individuals
2017 UKSC ruled these fees were unlawful but it was too late
Tribunals - Open
There’s been discussions on the openness, fairness & impartiality of tribunals in light of recent changes
Considered as more open than courts as less barriers
Funding cuts and fees raised concerns that low-income being excluded
Unable to access or fully engage with tribunals
Tribunals - Fairness
Tribunals less formal way to resolve disputes, promotes fairness due to lower costs
Introduction of fees discount this
Those unable to afford legal advice find it challenging to direct complex procedures
Tribunals - Impartiality
Tribunals historically good rep for being impartial but with funding cuts & pressure to clear cases quickly has undermined this
Conclusion
Significant changes past 70 years
Crucial for providing access to justice in specialised areas of law recent changes has disputed the idea they are fair, open & impartial
Still critical in offering accessible justice but must further adapt to serve for all citizens
