Judges slam plans for devolution of employment tribunals

Under the proposals, sheriffs could find themselves taking on a role normally reserved for specialist employment judges as the system would be absorbed into the First Tier Tribunal.

Responding to a Holyrood consultation on the plans, employment judges said the transfer could mean a “second rate” tribunal system in Scotland.

The judges added that the changes, which they believe are legally incompetent, will reduce Scotland’s contribution to the development of employment law, which will continue to be reserved.

In a response, they said: “If what is proposed is implemented, this will seriously undermine the quality and efficiency of the system for the adjudication of employment disputes in Scotland.”

“What is planned would also result in respect for the system being diminished, unnecessary legislative change, and confusion for system users.”

The statement added: “If the is seen as second rate, compared to what was in place previously and to employment tribunals (in England and Wales), then people will be less likely to pursue their claims before it as they will have reduced confidence that the system is able to deliver justice.

“This would be a justified concern if those who sit as legal members are less experienced and well qualified than the current group of employment judges.”

Employment judges would no longer be members of the judiciary and would also lose their tenure entitlement – being placed on five-year contracts instead.

This, they say, puts judicial independence at risk.

A spokeswoman for the Scottish government said: “We are considering the consultation responses and continuing to engage with key stakeholders.”