HC Deb 27 January 1978 vol 942 cc786-7W
Mr. Michael Latham

asked the Secretary of State for Employment in what percentage of cases in the last 12 months industrial tribunals have been unable to hear a case on the day scheduled for it to be heard, but have had to send the parties home, thus involving them in abortive expenditure; and what action is taken to minimise such incidents.

Mr. Harold Walker

Information is not available for the last 12 months. During a sample period of six weeks from 3rd October to 11th November 1977, 3.2 per cent. of cases could not be heard on the day scheduled. The presidents of the industrial tribunals assure me that every effort is made to keep such cases to a minimum, but in view of the number of cases which are settled or withdrawn, some as late as the day of the hearing itself, it is not possible to prevent them entirely.

Mr. Michael Latham

asked the Secretary of State for Employment under what general criteria industrial tribunals are prepared to agree to a formal request, in advance of the scheduled date for the hearing, from one of the parties to the action that it should be postponed; and what guidance his Department gives to the Central Office of the Industrial Tribunals in this regard.

Mr. Harold Walker

The question whether a hearing should be postponed is a judicial matter to be decided by the tribunal concerned. The presidents of the industrial tribunals advise me that actions are postponed when such a course is in the interests of justice. The facts of the individual case and the interests of the parties are taken into account. Since the decision to grant a postponement is a judicial matter, it would not be proper for my Department to give guidance to the presidents of the industrial tribunals about it.

Mr. Michael Latham

asked the Secretary of State for Employment what consideration he is giving to compensating persons whose hearing before an industrial tribunal does not take place on the day scheduled for it, because it is not reached in time; and whether he will make a statement.

Mr. Harold Walker

I am not considering such compensation.