What is the update?
Throughout 2023, the Employment Tribunal (“ET”) service intends to roll out digital case management systems for use by Judges, ET administrators, legal representatives, litigants in person and Acas.
Once the reforms take place many processes will move online, away from paper. For example, the new digital systems will be used to:
- submit claims, responses and applications to the ET;
- correspond with the ET;
- submit and access documents, including hearing bundles; and
- manage the case, review applications and make judicial decisions.
This marks a shift in process, as most documents and correspondence are currently shared by email and paper is still used within ET offices and to prepare bundles for in-person hearings.
Why does this matter to you?
Data security. This is an opportunity for the ET to implement a data sharing system that is more secure than email. However, we will have to wait until the encryption and data security specifications are released to predict whether security will improve. We will only know with more certainty whether the systems are more secure after stakeholders start using them.
Efficiency. Sharing documents with the ET is not straightforward presently. Most ET inboxes have email size limits, which prevent large documents being sent by email. A day-to-day solution would be to use third-party data sharing portals to share documents, but most ET offices are restricted from using these portals due to data security concerns. To remedy these concerns, the ET’s new case management systems will act as an ET-owned data sharing portal, which is likely to make correspondence and sharing documents more efficient, saving representatives’ time and costs.
Technical issues. Short term risks are presented by issues such as possible system dropouts, which should be solved quickly, if the systems are well supported. There will be a longer period of potential instability whilst stakeholders learn to use the new systems, which will require additional time and resources, but those that use the systems regularly should become familiar with them relatively quickly. However, litigants in person who do not deal with the ET regularly or who are not tech savvy may not be able to use the systems as expected, which could hinder efficient case management and increase costs. To mitigate these issues, the ET has stated that the systems include helpful tips and instructions for all users. Hopefully technical issues will be ironed out while the systems are being tested in the Glasgow, Leeds, Bristol and Nottingham ETs.
We are keeping a close eye on these reforms and how they are likely to impact the management of ET claims and our clients. We will provide updates and guidance in due course. If you have any questions about the reforms or ET claims more generally, then please contact one of our expert employment solicitors.
For further information, please contact:
Max Wayman, Hill Dickinson
max.wayman@hilldickinson.com
