Law Commission Employment Tribunal Hearing Structures Report Published Today

The Law Commission has today published its report into Employment Tribunal Hearing Structures.

You can view a copy of the report here.

The Law Commission is the statutory body established by the Law Commissions Act 1965 that is tasked with considering areas of law for reform and making proposals to government. The government must then consider those proposals and decide which elements if any to adopt.

Proposals suggested by the Law Commission include:

  • Raising the contractual jurisdiction of the Employment Tribunal from £25,000 to £100,000.
  • Permitting breach of contract claims to be made in the Employment Tribunal whilst the individual is still in employment.
  • Allowing just and equitable extensions of time in equal pay cases.
  • Moving to principles of just and equitable extensions of time in respect of all claims.
  • Increasing the relevant time limits to six months.

Employment Law Specialist barrister, Jamie Anderson working in conjunction with Eleena Misra of Old Square Chambers responded on behalf of the Law Reform Committee of the Bar Council. The Bar Council’s response is quoted extensively throughout the report.

Commenting on the report, Jamie Anderson said:

It is good to see such a detailed and serious document produced relating to reform of the Employment Tribunals. It is evident that consultees views were considered. It is now for government to decide what points are taken forward. I would hope that relatively straightforward proposals such as increasing the contractual jurisdiction to £100,000 could be implemented without much delay.

Of course, this report comes at a time when the administration of Employment Tribunals has been severely affected by the current pandemic. The immediate priority is to provide the Employment Tribunal with the necessary resources to enable it to deal with cases promptly and justly.

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