The Tribunal System and its Costs

Reserve Forces Appeal Tribunal

Ministry of Defence

K1 Brief description of the tribunal's business. Determines appeals by a reservist or employer in respect of:

an application for deferral, revocation, entitlement to release or exemption from call-out or recall to mobilised service with one of HM Armed Forces, or

a claim by a reservist or employer to the appropriate Standard Award or Hardship Award or by an employer to a re- training award, as a result of a reservist being called out or recalled to mobilised service.

K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year: 1 in the last three years.
(Could be a sudden need - eg, had Kosovo crisis deepened, 19,000 reservists could have been called up, with an estimated 4,500 appeals resulting.)

K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Only appeal received took 11 weeks.

K4 For appeal tribunals, percentage of appeals which succeed. 100% successful to date.

K5 Managerial structures for the tribunal administration: RFAT Secretary appointed by the Secretary of State. Secretariat provided by the Directorate of Reserve Forces and Cadets, part of MoD Centre Staff and independent of the three Services.
Memorandums of Understanding provide the framework through which the Employment Tribunal Service will provide hearing accommodation, tribunal clerks, appropriate support services.

K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? RFAT Secretary: published comprehensive Public Register entry; convened a seminar for Service Adjudication Officers and their legal advisers, and met with representatives of Employment Tribunals to discuss lessons learned. Also brought tribunal chairman's comments to the attention of MoD Human Rights Group with a view to amending secondary legislation as required.

K7 Nature and scope of current ICT systems, and any major plans for improvement. Secretariat uses comprehensive corporate headquarters office technology system.
Website planned with information about the tribunal, its rules and regulations, how to appeal etc.
Electronic link between MoD, ETS, LCD to be developed when resources available.

K8 How the tribunal(s) fit in the department's Modernising Government strategy. Consideration given to bringing the Reinstatement Committees and Umpires into RFAT umbrella. Proposed transfer of SOE85 from DTI to MoD should be welcomed.

K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. Secretary (Grade B2/Assistant Director)
Assistant Secretary (Grade C2/HEO)
ETS staff as required.

K12 Performance and user satisfaction measures in the tribunal. Incorporated in Memorandums of Understanding: ETS to provide details of hearing centre within 24 hours of request from RFAT Secretary; RFAT Secretary requests appointment of chairman and members from LCD.
Expected that a hearing would normally be convened within 28 days of date of appeal.
Experienced clerks provided by ETS, who ensure all essential reference material is available to chairmen and members.
ETS required to make decision known to RFAT Secretary verbally on day of hearing and in writing within seven days.

K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Legal aid is not available. Assistance could be provided through contacts arranged by Reserve Forces' and Cadets' Associations or the National Employers' Liaison Committee. Only appellant to date engaged counsel. Tribunal recommended MoD should pay his legal costs.
Service Adjudication Officers need fully to understand their responsibilities under the law. Encouraged to consult Service legal advisers.

K14 Arrangements for providing hearings (including their locations). Hearings arranged by ETS.

K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified. Procedures have been reviewed.

K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Chairmen and members are appointed by the Lord Chancellor.
Appointments have been made from individuals who were already members of Employment Tribunal panels. Open competition for additional members of the lay panels due in Spring 2001.

K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. Numbers of members to be advised. All are part-time, ad hoc appointments, sitting as required and paid at ET rates.

K18 Arrangements for training tribunal members, and the approach to and content of training. General training via ETs. Intended that panel members should visit the Army Reserve Mobilisation Centre for a seminar on the Services' mobilisation processes and their adjudication procedures.

K19 Arrangements for staff training. RFAT Secretary developing Statement of Procedures in the light of lessons learned from the first appeal.

K20 Resources expended on:

a tribunal member salaries and expenses Only case to date cost MoD Ł22,160.37
Nominal sum included in MoD Vote to develop the statutory requirements laid on the Defence Secretary.

b staff salaries and expenses

c system administration

d accommodation;

e tribunal member training

f staff training

TOTAL:

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K1	Brief description of the tribunal's business.	Determines appeals by a reservist or employer in respect of: an application for deferral, revocation, entitlement to release or exemption from call-out or recall to mobilised service with one of HM Armed Forces, or a claim by a reservist or employer to the appropriate Standard Award or Hardship Award or by an employer to a re- training award, as a result of a reservist being called out or recalled to mobilised service.
K2	Cases received: Total disposals in the year: disputes resolved: otherwise disposed of: Pending at the end of the year:	1 in the last three years. (Could be a sudden need - eg, had Kosovo crisis deepened, 19,000 reservists could have been called up, with an estimated 4,500 appeals resulting.)
K3	Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision.	Only appeal received took 11 weeks.
K4	For appeal tribunals, percentage of appeals which succeed.	100% successful to date.
K5	Managerial structures for the tribunal administration:	RFAT Secretary appointed by the Secretary of State. Secretariat provided by the Directorate of Reserve Forces and Cadets, part of MoD Centre Staff and independent of the three Services. Memorandums of Understanding provide the framework through which the Employment Tribunal Service will provide hearing accommodation, tribunal clerks, appropriate support services.
K6	How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery?	RFAT Secretary: published comprehensive Public Register entry; convened a seminar for Service Adjudication Officers and their legal advisers, and met with representatives of Employment Tribunals to discuss lessons learned. Also brought tribunal chairman's comments to the attention of MoD Human Rights Group with a view to amending secondary legislation as required.
K7	Nature and scope of current ICT systems, and any major plans for improvement.	Secretariat uses comprehensive corporate headquarters office technology system. Website planned with information about the tribunal, its rules and regulations, how to appeal etc. Electronic link between MoD, ETS, LCD to be developed when resources available.
K8	How the tribunal(s) fit in the department's Modernising Government strategy.	Consideration given to bringing the Reinstatement Committees and Umpires into RFAT umbrella. Proposed transfer of SOE85 from DTI to MoD should be welcomed.
K9	Numbers and grades of staff engaged on providing administrative support to the tribunal.	Secretary (Grade B2/Assistant Director) Assistant Secretary (Grade C2/HEO) ETS staff as required.
K12	Performance and user satisfaction measures in the tribunal.	Incorporated in Memorandums of Understanding: ETS to provide details of hearing centre within 24 hours of request from RFAT Secretary; RFAT Secretary requests appointment of chairman and members from LCD. Expected that a hearing would normally be convened within 28 days of date of appeal. Experienced clerks provided by ETS, who ensure all essential reference material is available to chairmen and members. ETS required to make decision known to RFAT Secretary verbally on day of hearing and in writing within seven days.
K13	Arrangements for assistance for users, legal or otherwise (including legal aid).	Legal aid is not available. Assistance could be provided through contacts arranged by Reserve Forces' and Cadets' Associations or the National Employers' Liaison Committee. Only appellant to date engaged counsel. Tribunal recommended MoD should pay his legal costs. Service Adjudication Officers need fully to understand their responsibilities under the law. Encouraged to consult Service legal advisers.
K14	Arrangements for providing hearings (including their locations).	Hearings arranged by ETS.
K15	The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified.	Procedures have been reviewed.
K16	Arrangements for appointing tribunal members, both legally and otherwise qualified.	Chairmen and members are appointed by the Lord Chancellor. Appointments have been made from individuals who were already members of Employment Tribunal panels. Open competition for additional members of the lay panels due in Spring 2001.
K17	Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay.	Numbers of members to be advised. All are part-time, ad hoc appointments, sitting as required and paid at ET rates.
K18	Arrangements for training tribunal members, and the approach to and content of training.	General training via ETs. Intended that panel members should visit the Army Reserve Mobilisation Centre for a seminar on the Services' mobilisation processes and their adjudication procedures.
K19	Arrangements for staff training.	RFAT Secretary developing Statement of Procedures in the light of lessons learned from the first appeal.
K20	Resources expended on:
a	tribunal member salaries and expenses	Only case to date cost MoD Ł22,160.37 Nominal sum included in MoD Vote to develop the statutory requirements laid on the Defence Secretary.
b	staff salaries and expenses
c	system administration
d	accommodation;
e	tribunal member training
f	staff training
	TOTAL: