JUDGES have launched a scathing attack on plans to devolve employment tribunals to Scotland claiming the reforms will "seriously undermine" the system and lead to a "second rate" service.
Several legal sources have previously spoken out against the proposals, with some - including senior lawyer body the Faculty of Advocates - claiming the move to transfer UK powers over tribunals to Edinburgh could deny workers access to justice.
Currently, specialist judges with in-depth knowledge of employment and equality laws preside over all employment tribunals in Scotland.
Under the proposed changes, the judges claims sheriffs lacking the same comprehensive knowledge of that area of law could be called upon to sit in employment cases.
In a response to a Holyrood consultation over the transfer of powers, the employment judges of Scotland said they believe the plans could create a "second rate" tribunal north of the border, leaving workers less confident in the system and less likely to pursue cases such as unfair dismissal or sex and disability discrimination.
The judges also claim that the changes - which they believe are legally incompetent - will "almost certainly" reduce the influence of Scotland in shaping the development of employment law, which will remain reserved to the UK Government.
They want to see employment tribunals continue as a separate entity, ensuring expertise and independence.
"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," a statement by the judges said.
"What is planned would also result in respect for the system being diminished, unnecessary legislative change, and confusion for system users."
The response states that "the expertise of the forum" would also be "at risk".
The judges' concerns centre on employment tribunals being absorbed into the Scottish Courts and Tribunal Service First-Tier Tribunal for Scotland, which currently deals with immigration and social entitlement cases.
The statement on behalf of Scotland's employment judges also says: "If the [new system] 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 - given what is proposed that may well be the outcome for people in Scotland who seek judicial determination of employment disputes."
Employment judges would also cease to be members of the judiciary, losing their entitlement to tenure until retirement and instead being placed on a five year tenure in line with other members of the First-Tier Tribunal.
They claim this will undermine the "principle of judicial independence" as they would have to seek reappointment and risk being influenced by that when it comes to deciding cases.
The response states that this flies in the face of international treaties and agreements, which outline that judicial independence is maintained by guaranteed tenure.
A Scottish Government spokeswoman said: "We are engaging with employment judges and other interested stakeholders to ensure these new arrangements meet the needs of users.
“We are currently considering the consultation responses and continuing to engage with key stakeholders on how the employment tribunal will operate when devolved.”
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