A PERSONAL VIEW OF THE WORK OF INDUSTRIAL TRIBUNALS
| DOI | http://doi.org/10.1111/j.1468-2230.1986.tb01691.x |
| Author | Judge McKee |
| Date | 01 May 1986 |
| Published date | 01 May 1986 |
A PERSONAL VIEW
OF
THE
WORK
OF
INDUSTRIAL TRIBUNALS
IT
is appropriate now to review the development
of
Industrial
Tribunals since they were set up
21
years ago,' to consider how
they work and how far their characteristics have been preserved,
and
finally to assess what contribution might be required of them
in future. Having presided in Industrial Tribunals, albeit on a part-
time basis, since
1968
I presume to offer the following observations.
It is,
of
course, common knowledge, but it is nevertheless worth
stating as background information, that essentially industrial
tribunals have operated to regulate the relationship between
employer and employee and to this end much of their work has
involved the introduction
of
statutory terms into contracts
of
employment conferring new rights and imposing corresponding
obligations and duties. Moreover, because of their constitution
they bring remedies within the reach of all employees regardless of
means. Thus, understandably, there has been an increasing number
of
applications brought to industrial tribunals. In each year in the
early
1980s
approximately
45
,OOO
originating applications were
presented throughout the United Kingdom from employees, each
claiming relief under one
of
the statutes designed to confer the
right not to be unfairly dismissed, the right not to be discriminated
against on the grounds of sex or race, rights relating to membership
of,
and in relation to, activities connected with, an independent
trade union and, more recently, the right to equal pay for work of
equal value-to mention only the main sources
of
complaint. The
relevant statutes have thus radically altered each employee's
contract
of
employment with his employee.
The Contracts of Employment Act
1963
and the Redundancy
Payments Act
196Y
were the main precursors of a flood of
legislation. In stating statutory rights and their corresponding duties
in these and subsequent Acts, the law has entered into the
relationship between employer and employee in such a manner as
to transform hitherto accepted standards
of
behaviour. Because the
consequent questions were difficult, a considerable volume of case
law has been reported from the appellate courts for the guidance
of
the legally qualified chairmen and the panel members drawn
from each side
of
industry who together make up industrial
tribunals. Even when cases reporting individual instances have
been eliminated, there remains still a considerable volume of case
law in which principles are discussed by the appellate courts and
which cannot therefore be disregarded by industrial tribunals. After
all, a contract of employment comprising specific and implied terms
~
See
s.12
of
the Industrial Training
Act
1964.
*
Contracts
of
Employment and Redundancy Payments
Act
(Northern Ireland)
1965.
314
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