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Dear Mr Riley I thank you very much for your letter dated 5/10/2012 I understand the independence of the Judiciary I have also read some of the documents already produced by Mr Justice Underhill regarding his review I’ve even written to him expressing my concerns, unlike you he has failed to reply to my letter Regarding my concerns I do not think any of the proposals will help improve a severely flawed and confusing process My personal observation is of genuine concern, patience and lots of help from one group only to be crushed, destroyed, bullied, bulldozed and not be given the time of day by another. These two groups? 1) The government and public sector 2) The Judiciary and practitioners of law Many thanks Keep up the good work Doug
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Mr Douglas Gardiner
Our ref: AR/310251
5 October 2012
1 Victoria Street, London SW1H 0ET
www.bis.gov.uk
Enquiries +44 (0)20 7215 5000 | Minicom +44 (0)20 7215 6740 | Contact us www.bis.gov.uk/contact-us
Dear Mr Gardiner
Thank you for your email of 20 September to the Rt Hon Dr Vince Cable MP, about the reform of Employment Tribunals (ETs).
The Secretary of State receives a large amount of correspondence every day and is unable to respond to each one personally. I have been asked to reply.
I was sorry to learn of your experiences. Bullying and harassment have no place in today’s work environment and are unacceptable wherever they occur. The Government strongly condemns such behaviour and believes employees should be able to work without fear of encountering bullying from their employers or anyone else.
I should explain that, although this Department is responsible for policy on ETs, the ETs are independent judicial bodies and, in line with the principle of judicial independence, the Government and its officials cannot comment on, or intervene in, the tribunals' handling of individual cases or any decisions they make.
The Government has asked Mr Justice Underhill, the outgoing President of the Employment Appeal Tribunal, to lead a Fundamental Review of the Rules of Procedure for ETs. A ‘Working Group,’ chaired by Mr Justice Underhill, will undertake the review itself and report back to Ministers with recommendations. It is the Government’s intention that the review will develop and recommend a revised procedural code, with a view to ensuring that robust case management powers can be applied flexibly and proportionately in individual cases coming before ETs.
The idea for the Review arose because Resolving Workplace Disputes consultation responses from a diverse range of stakeholders suggested that the proposals on ET practice and procedure need to go further and include a full rewrite of the Rules, which have suffered from a series of piecemeal revisions.
Government believes that the current rules are too voluminous, elaborate and inflexible and so hinder the effective management and disposal of cases. The intention is that the review will deliver a streamlined procedural code.
The Government hopes that users’ experience of bringing a claim to ET will be improved. The intention is that the Review will lead to a revised procedural code, to ensure that the system works more efficiently and effectively for
everyone. This should mean that Employment Tribunal cases are handled more proportionately and quickly, saving users time and money.
The Government expects to receive Mr Justice Underhill's report in the near future. Government will consider his recommendations and will consult on those to be taken forward later this year. Following a full public consultation and Parliamentary approval, it is the intention that any new Rules would come into force in April 2013.
I hope that this response helps to address your concerns.
Yours sincerely
Adam RileyBIS MINISTERIAL CORRESPONDENCE UNIT
