Intervention in tribunal money claims
6 Sept 2023
In the hope of resolving cases without the need for a hearing, to improve listing times and clear the backlog in Tribunal, Legal Officers in Scotland are taking part in a six-month pilot program to improve the process for short track cases (money claims).
Legal Officers will be intervening in short track cases (money claims) in Scotland by corresponding with the parties in the early stages of the case. The intention is to clarify the areas of dispute and legal issues at the outset. Parties may also be encouraged to provide disclosure of documents sooner than the tribunal would normally order.
The process is voluntary and both parties must agree to participate. It seems the obvious choice for claimants, especially those representing themselves. However, respondents may be less willing to participate if they foresee a frontloading of legal costs.
Participation will not affect the listing time for the case, but it may encourage the parties to consider early settlement to avoid the need to attend a final hearing.
Legal Officers will be assisted by ACAS to ensure that intervention is effective. However, the process will not replace the role of ACAS and conciliation will remain available throughout
If the pilot is successful, the process may be adopted by employment tribunals in England and Wales.