Tribunals Disadvantages

• Imbalance of Power

  There is a lack of public funding meaning an imbalance of power. For example, in employment law cases such as unfair dismissal, employees often have to represent themselves as they cannot afford the cost of a solicitor whereas the employer usually has legal representation because they can afford the cost of a solicitor. The tribunal system was created to assist the weaker members of society and this defect devalues the system.
• Influence

  The legally qualified chairman could influence the two lay people. However, as decisions are made on the basis of a majority, the two lay people could out-vote the legally qualified chairman which can lead to inconsistencies in decisions.
• Limited Rights of Appeal

  Only on a point of law. Even if this is established, the decision has to have been requested to be reviewed by the Tribunal panel within 14 days with only 42 days to file the appeal so there is a very short time frame. For people going through a difficult time, this can put pressure on them to get it filed by the deadline and some miss it. There is also quite a complicated appeals procedure as there are different appeal routes from different types of tribunals.
• Unpredictable

  Without the use of Judicial Precedent, every case which goes to a Tribunal could reach a different decision. This is bad for justice as it means that it is difficult for lawyers to advise a client on how a case will progress and secondly similar cases will not get similar results. If these differing decisions are being made on a subjective basis, it will undoubtedly raise questions about what is just.