TRIBUNALS - 28.05.2020

Law Commission report on employment hearing structures

Following a 2018 consultation, the Law Commission has published its report on employment law hearing structures. Are the recommendations likely to become law?

Key recommendations

The Law Commission has set out 22 recommendations in its report (see Follow up ). In particular these include: (1) raising the contractual damages limit in the employment tribunal from £25,000 to £100,000, enabling breach of contract claims to be brought by workers as well as employees and allowing such claims to be brought during employment (not only after employment has ended); (2)  an extension of the time limit for bringing all types of tribunal claims to six months; and (3)  allowing time limits to be extended where it’s “just and equitable” to do so (replacing the “not reasonably practicable” test that applies to some claims, such as those for unfair dismissal).

Next steps

The Law Commission has no power to change the law, but its recommendations will now be considered by the government.

Pro advice. An interim government response is expected within six months of the report’s publication and a full response within a year. The Law Commission says that historically more than two thirds of its reform recommendations have been implemented.

Law Commission report on employment hearing structures

The government will consider the report and then decide whether to accept or reject the recommendations, but any changes won’t take place until at least 2021.

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