A new Practice Direction on the composition of Employment Tribunal panels came into force from 29 October 2024 and applies to all matters decided on or after this date.
The changes
Judges can now decide whether a substantive hearing for defended claims should be heard only by a judge or also by a panel. The panel consists of two lay people that is split into a person from the perspective of the employer (such as a HR specialist) and a person from the perspective of the employee (such as a trade union representative). Preliminary hearings and Employment Appeal Tribunals are usually heard by a judge sitting alone, so this is not set to change.
The update is likely to take effect gradually as it does not apply to claims listed for a hearing before this date, even if the hearing itself is due to take place after 29 October 2024.
Impact on the public’s perception of the Tribunal process
The change comes following a consultation which acknowledged that it may result in reduced judicial diversity, given that panels tend to be more reflective of under-represented groups compared to elected judges. Employment Tribunal users may feel wary of the reduced diversity which could impact the public’s opinion of the justness and fairness of the Tribunal process.
However, guidance will be issued to assist judges in making the decision and it was noted that this does not mean that a judge sitting alone is not sufficiently impartial or gives the appearance that they are not neutral. The adjustment is reflective of the pressure on resources within the Tribunal process, with the change intending to help ensure effective access to justice by minimising the use of panel members when they are not needed.
