147 / 346
GAZETTE
explains Mr. Byrne commenting on the higher ration of
legal representation on the employer's side. "Employers
are under a false perception about the power of the
Tribunal. They are afraid that they will lose a lot of money
and also they don't want the publicity. Solicitors will make
every effort to settle their cases before it gets to the
Tribunal hearing," says Mr. Stuart.
Public perception of the Tribunal has changed radically
over the past five yers, and this has caused people to call on
the legal profession to represent them. "People think they
are going to get huge sums of money in compensation so
they turn to solicitors to represent them," according
to.Mr.
Byrne. In fact the Tribunal can only award a maximum
award of two year's salary and that is rarely given. Most of
the awards are very small and the Tribunal does not award
costs.
"This perception of the Tribunal is the fault of the
media. The press are always printing all sorts of hairy
cases. Very little is written about the employer's side and
every detail of the employee is splashed out. This creates
an unfair balance and complicates the whole issue" says
Mr. Byrne. "In most cases the decision of the Tribunal is
reserved and although many employers are winning their
cases it rarely gets into the papers."
"The possibility of an award of what is sometimes a
substantial sum appears to have resulted in a growing
tendency for parties to employ members of the legal pro-
fession," says the Annual Report of the EAT in 1981.
Although the minimum compensation is only two year's
salary because of the recession many higher paid
executives have been, and will be, made redundant. There-
fore the amount of money at stake is now higher so more
people are turning to the legal profession for representa-
tion. Many solicitors now take a percentage of the award as
their fee because of the variance in awards.
Employment Tribunals in England have the additional
power of awarding a Basic Award — damages for the
manner of the dismissal — and Mr. Stuart believes that the
EAT should also have this power.
The case of
R. T. Bunyon v. UDT
(UD66/1980) high-
lights the whole problem facing the Tribunal. Normally
unfair dismissals hearings take a half a day, according to
the annual report of the EAT. The Bunyon case however,
took 32 separate hearings lasting from 15/5/80 to 22/7/81.
Some 144 documents were produced as evidence and some
witnesses were up to seven days giving evidence. Both
parties were represented legally and there were many legal
wranglings. The report of the Tribunal's decision in
Bunyon's favour, ran to 22 pages, and the maximum
compensation was awarded,some £44,454. The case was
reported extensively and no doubt gave rise to much of the
misconception the public now has. Bunyon was repre-
sented by a Solicitor, Senior Counsel and Junior Counsel.
Clearly this sort of case is not what the Tribunal was set
out to deal with but it does serve as illustration of the
increasing role of the legal profession and the loss of the
"accessible and informal process" intended by the
Donovan Commission. •
JULY/AUGUST
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