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Reforming Employment Law Hearing Structures

The Law Commission has issued a consultation paper on reforming employment law hearing structures across England and Wales. It is looking for views on the following issues:

  • Extending the limitation periods in employment tribunals to six months or some other period;
  • Raising or removing the £25,000 limit for breach of contract claims, and allowing tribunals to hear breach of contract claims while the employee remains employed;
  • Whether employment tribunals’ exclusive jurisdiction over certain types of statutory employment claims should remain;
  • Whether the county court should retain jurisdiction to hear non-employment discrimination claims or whether employment judges should be allowed to sit in the civil courts when hearing civil court discrimination claims;
  • Creating an ‘employment and equalities’ list of specialist judges;
  • Whether employment tribunals should have the power to allow multiple respondents to seek contributions from each other; and
  • On issues of union recognition, giving the Employment Appeal Tribunal jurisdiction to hear appeals from the Central Arbitration Committee (currently only challenged by way of judicial review).

The Law Commission invites responses until 11 January 2019. Final recommendations will then be presented to the Government for review.

If you would like to participate, online submissions can be made at the following link: https://consult.justice.gov.uk/law-commission/employment-law-hearing-structures/.

This bulletin is for general guidance purposes only and should not be used for any other purpose.

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