4. What discussions has the Counsel General had regarding the capacity of the tribunal system in Wales? OAQ52827

I thank the Member for her question. The devolved Welsh tribunals are operating effectively with a significant caseload, but I'm aware that the England-and-Wales tribunal system, which is a much bigger system, is working at the moment to overcome some specific capacity issues in light of the Supreme Court’s very welcome judgment on employment tribunal fees last year.

Thank you, Counsel General. And as a former trade union official, I know only too well the value of the tribunal service in securing justice in the workplace for so many people. And I'm very proud that it was actually my union, Unison, that took that case to the Supreme Court and overturned the very unjust tribunal fee system that had denied access to so many workers in their place of work. And it's perhaps partly in response to that that we've seen such a rise now in the number of claims being brought against employers rising sharply across the UK. I understand that Her Majesty's judiciary has recently said that it will seek to recruit judges to cope with the soaring caseload in tribunals, including allowing those without previous judicial experience to serve on tribunals. So, bearing all that in mind, Counsel General, what discussions have you had to ensure that workers here in Wales can have timely access to the tribunal services? 

Thank you for that question. I would just like to echo the fact that I think that, in bringing that case to the Supreme Court, Unison, who I know she previously worked for, was doing a great public service, and it was clear that the introduction of those tribunal fees had the effect of suppressing great numbers of injustices and their ability to be resolved. So we have seen, since the decision, a very, very sharp increase in the number of complaints being brought forward. The Advisory, Conciliation and Arbitration Service, I think, have reported receiving about 700-plus extra complaints per week, which gives you a sense of the scale of the issue.

As a consequence of the introduction of the tribunal fees, the judicial capacity of the tribunal was diminished significantly. And what's happening now, as her question anticipated, is essentially a recruitment exercise in order for tribunal judges, both in England and in Wales, to come on board to deal with that backlog and future workload. So, I'm pleased that that is happening. It's obviously essential to have a fully functioning tribunal system that is properly staffed in order for those cases to be heard.

I'd like to also welcome the fact that the president of the employment tribunal is looking for applications from those who have not got conventional judicial experience. I think that has the potential to open up new avenues for recruitment to that role, and by doing so, may increase the diversity of the tribunal judiciary, which I think is an objective that we would all wish to see fulfilled.