Northern Ireland employment tribunal backlog 'hugely significant'

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A backlog in Northern Ireland's employment tribunal system has been described as "hugely significant and very troubling".

More than 93,000 claims are waiting to go through the industrial and fair employment tribunal system.

Of those, 82,300 relate to holiday pay and pensions claims, which are stayed pending further litigation.

The physical tribunal office remains closed due to Covid-19 until at least 1 March.

Employment solicitor Suzanne Keenan, of MKB Law, said it is taking several months for claims to be processed by the tribunal and an initial response issued, a process that would normally take weeks

"As a result cases are taking more than twice as long to progress even through the early stages," she said.

"In all likelihood cases issued recently are unlikely to be heard until 2023 or beyond."

'Major concern'

Ms Keenan said the impact for clients and lawyers was "hugely significant", especially for those who have lost jobs.

She added that the delay could impact people's recollection of events and respondents having significant claims hanging over them for long periods of time.

"A further major concern I have is whether it will discourage claimants bringing their claims or continuing to pursue them," she said.

"As an experienced employment lawyer I have never had to navigate anything quite like this in my entire career and the frustration is now being felt on a very real level within the profession and by the clients."

Ms Keenan said while Covid-19 has been very difficult to manage, other jurisdictions did not seem to be facing the same delays and issues.

"I would like to see confirmation of opening arrangements for necessary functions of the tribunal as soon as possible and a clear plan around addressing the backlog of claims with timescales," she said.

"I would also like to see a plan for expediting hearings and planning around hearings proceeding in person, where necessary, with the appropriate measures, remotely or as hybrid hearings if necessary."

In a statement, the Department for the Economy said: "The Office of the Industrial Tribunals and Fair Employment Tribunal have a current caseload of 93,188 claims of which 82,300 relate to holiday pay and pensions claims which are stayed pending further litigation."

It added that these were not necessarily 93,000 individuals with claims, as many have lodged multiple claims.