Representation in UK Employment Tribunals: Analysis of the 2003 and 2008 Survey of Employment Tribunal Applications (SETA)

The perception is that formal representation is increasingly common in UK Employment Tribunals (ETs), as case volumes and complexity increase. We investigate the nature of representation in UK ETs using the 2003 and 2008 Survey of Employment Tribunal Applications (SETA). The results suggest that between 2003 and 2008, the extent of formal claimant representation declined. The majority of employers and claimants are either heavily represented or have little/no representation, and there is little evidence that claimant representation is a response to employer representation at least at the level of individual claims. Overall, however, it would seem that some of the 'accessible, informal and inexpensive' characteristics envisaged by Donovan continue to apply only to cases within certain jurisdictions.