Memorandum submitted by Tribunals Service (E 66)

 

When I (Kevin Sadler, Chief Executive of the Tribunals Service) appeared before the Equality Bill Committee on 2 June 2009 I agreed, in response to questions from Tim Boswell, MP for Daventry, to write to the Committee providing a written answer to one of the questions asked. That question is set out in the following extract from Hansard.

 

Q 21Mr. Boswell: Mr. Sadler, if I may, do you have a word about the likely load on tribunals if the Bill is passed? Will it create an excessive work load? Perhaps to save time, I might ask another question. I am familiar with special educational needs legislation, and there is some disparity between what goes through the tribunal route and what goes through the courts. There is a similar and related issue in Scotland. Will you talk to your colleagues and try to ensure that wherever possible those matters hinge reasonably and there is equal access? Finally, there should be at least some opportunity for mediation in cases, without having to force the issue where that is not appropriate.

 

There were two issues. First, workloads, the Equality Bill, if passed, will lead to a marginal increase in the workload of employment tribunals. Current estimates are that the Bill may result in a further 500 claims being accepted by employment tribunals annually.

 

Second, on the issue of special educational needs legislation, we currently work closely with Department for Children Schools and Families who are participating in a number of review of the Disability Discrimination Act and Special Education Needs process: including the National Centre for Social Research (Natcen) report, the Lamb enquiry and the Ofsted review. I can assure Mr Boswell that the Tribunals Service will continue to liaise with DCSF to provide feedback on this issue.

 

July 2009