Construction firms face more bureaucracy under tribunal changes

Employment tribunals are due for reform, with plans to introduce new “dispute resolution appointments” (DRAs) that will function like mediation or adjudication before cases reach court. The intention behind this change is to reduce the number of cases proceeding to full tribunal hearings. However, there are concerns that this could simply add another layer of bureaucracy to an already complex system.

With the forthcoming expected to make it harder to dismiss dishonest employees, the tribunal service is reportedly preparing for an increase in claims — which could worsen existing backlogs and delay justice.

The government has also announced a plan to extend the time limit for filing tribunal claims from three to six months — a victory for unions that have long lobbied for this change, as it gives potential claimants more time to come forward.

managing director criticises the move: “Adding complexity, cost and time to disputes — many of which have little merit — risks delaying access to justice and doesn’t align with the government’s growth agenda.”

Unlike the current early-conciliation process (introduced in 2014), these DRAs would allow tribunals to require both parties to attend a preparatory hearing, where a judge would evaluate the prospects of success and potential compensation. Anfield expresses concern that such a system could be exploited by no-win/no-fee solicitors and unions, placing significant cost and preparation burden on employers while claimants face little risk.

Official figures show that single employment tribunal receipts rose by 36 % in the last quarter compared with the same period a year earlier.

The government is consulting on proposed changes to tribunal procedures until 19 May.

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