"I understand Ms Paczkowska is concerned that not all Employment Tribunal hearings are recorded, which she feels isn’t fair for those claimants wanting to appeal to the EAT. I can see Ms Paczkowska strongly believes there needs to be a change, so all Employment Tribunal hearings are recorded. As explained in the letter of 8 April from the Senior President of Tribunal’s office, there’s currently no provision in the rules of the Employment Tribunal Regulations that requires hearings to be recorded or transcripts to be produced.

HMCTS’ Employment Jurisdictional Support team has confirmed that where recording equipment is available, tribunals are encouraged to use it. As Ms Paczkowska is aware, when someone wants to appeal an Employment Tribunal decision and there’s no recording available, claimants can ask for the judge’s notes. Ms Paczkowska will be interested to know HMCTS is currently considering the benefits of providing recording equipment in all court and tribunal rooms, against the cost to the taxpayer.

Again, there’s currently no legal requirement for Employment Tribunal hearings to be recorded. Any change in the rules of procedure would be considered and implemented by the Department for Business, Energy & Industrial Strategy as the owners of the rules, so isn’t something I’m able to comment on or intervene in."

Response received on 27 May 2022 from

Nick Goodwin

Chief Executive

HM Courts & Tribunals Service

6th Floor (6.11)

102 Petty France

London

SW1H 9AJ

With Thanks to Rt. Hon. Angela Rayner MP

Urgent meeting requested.