header-logo header-logo

18 February 2021 / John Bowers KC
Issue: 7921 / Categories: Features , In Court , Tribunals , Employment
printer mail-detail

Employment tribunals: A one stop shop?

39803
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll