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Chambers & Partners
30/04/2020

Eleena Misra summarises the Law Commission report into Employment Tribunal Hearings

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Eleena Misra writes for the Bar Council about the latest recommendations of the Law Commission on reforming the structure of Employment Tribunal and Employment Appeal Tribunal hearings.

While there are no proposed changes to the latter, at this time, the Commission suggests, among other things, widening the availability of contractual claims to limb b workers, increasing the limit on contractual claims in the Employment Tribunal from £25K to £100K and a single time limit for claims in the Employment Tribunal of 6 months.

Additionally, there are recommendations to create an informal employment list in the Queen’s Bench Division, to use Employment Judges in discrimination claims in the County Court and to create a presumed transfer of equal pay claims to the Employment Tribunal which it is suggested should use a “just and equitable” extension of time test instead of the “reasonable practicability” test used for some claims.

Readers will note that the suggestion in Lord Briggs’ report into Civil Court Structures that there should be an Employment & Equalities Court is yet to come to fruition, but this was outside the remit of the matters which the Law Commission was tasked with consulting on, as part of its 13th Law Reform Programme.

To read Eleena’s report, please click here.

To view the Law Commission report, please click here.

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