On 21 May 2026, the book 'Reimagining Employment Dispute Resolution and Enforcement' by Sarah Fraser Butlin KC, Catherine Barnard and Maayan Menashe was published. Commissioned by Cloisters' Joint Head of Chambers and chair of the Employment Lawyers Association (ELA) Caspar Glyn KC, the book sets out proposals for employment tribunal reform. The book highlights the significant backlog of cases and places emphasis on the need for early resolution and continued opportunities for resolution away from court.
Key recommendations in the book include:
- amending the ACAS Code of Practice on disciplinary and grievance procedures to make it clear that parties must make attempts to resolve the issues informally in the first instance;
- renaming grievances as 'matters of concern' which would start a process with a HR mediator;
- establishing an 'Employment Resolution Service' (ERS) to be the first port of call for all employers and employees seeking information and advice about issues in the workplace. Where further assistance is required, the ERS would operate a triage system by referring enquiries to a phone conciliation or online service depending on the complexity of the matter, and directing issues regarding enforcement of basic rights to the Fair Work Agency;
- rewriting the ET1 and ET3 forms in simple language with questions relevant to the type of claim;
- giving tribunal awards the same status as County Court judgments for the purposes of enforcement; and
- increasing the current £25,000 limit on the contractual jurisdiction in tribunals to £100,000.
The most radical proposals however include the introduction of a track system where claims would be allocated to one of three tracks. Key elements of the three tracks include the following.
- Track 1 – claims for less than six months' earnings or up to a figure such as £20,000, with a process involving limited documentation and an informal hearing limited to three hours.
- Track 2 – claims for more than six months' but less than two years' earnings or up to £80,000, with a process involving: (i) a half-day early neutral evaluation; (ii) standard directions with limits on documentation and the length of witness statements; (iii) strict case management eg where a judge can require parties to select their best five or ten points such that the case can be heard in a maximum of five days; and (iv) potentially court fees and a limited cost regime.
- Track 3 – claims for more than two years' earnings or where the claimant chooses to bring their claim under this track, with a process involving: (i) private mediation or private early neutral evaluation hearings; (ii) sanctions for non-compliance with directions; (iii) mandatory touch-points for considering non-court dispute resolution; (iv) disclosure and witness statements following the Civil Procedure Rules 1998; and (v) court fees and a full costs regime. Claims involving ten or more claimants would usually be managed under track 3.
Commenting on the proposals, Caspar Glyn KC said (Cloisters News Story):
"Justice delayed is justice denied. The ELA has come up with a researched evidence-based plan that does not ask for more money to be poured into the system. ELA's plan works by giving information to workers and employers so that they can be realistic about their cases, by encouraging meaningful settlement meetings, by giving powers to Employment Judges so that they can manage cases justly and by giving choices to workers the system will mean that everyone will get access to justice more quickly and effectively."
Sarah Fraser Butlin KC added:
"After your family, your job is the most important relationship in your life. When things go wrong, you want a quick, effective resolution. The Employment Tribunal system was set up to deliver just that. But no more. Cases are now being listed in some areas for 2030. This is not access to justice. Radical reform of employment tribunals is needed urgently. This is what the ELA proposals aim to do."
For information generally on the tribunal, see Employment Tribunal.
First published on the Employment News Service on 26 May 2026
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