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18 February 2021 / John Bowers KC
Issue: 7921 / Categories: Features , In Court , Tribunals , Employment
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Employment tribunals: A one stop shop?

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Is an employment tribunal a court & does it matter, asks John Bowers QC
  • Irwell v Watson; tribunals as a one stop shop.

Employment tribunals (ETs) were intended, when first introduced in 1963, to be easily accessible, simple and straightforward, but have gradually taken on more of the appearance of courts. There was a somewhat naive belief in the beginning that justice in such tribunals could be achieved without the parties needing lawyers. The presiding officer was called a chair, but is now a judge. And tribunals of course now deal with cases of great complexity, recondite legal areas and with millions at stake. A continuing fundamental difference from a court however, is that the tribunal has no inherent jurisdiction but only what the dizzying array of statutes provide them.

There may be several reasons why this is important. That may be for the purposes of contempt of court as in AG v BBC [1978] 1 WLR 477, [1978] 2 All ER 731. In Peach

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NEWS
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Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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