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22 July 2016 / Paul McFarlane , Joanne Owers
Issue: 7708 / Categories: Features , Employment
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All for one and…

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Joanne Owers & Paul McFarlane on the spectre of a single employment court

  • Why is a single employment court being discussed?
  • ELA’s proposals—three-tier system.
  • Technology, access to justice and lessons from other jurisdictions.

Statutory employment protection claims have been heard in the Employment Tribunal (formerly the Industrial Tribunal) since the 1970s. A protocol was agreed in the mid 2000s (2005/2006) under which the Employment Tribunal’s Service “retains a separate identity within the overall Tribunal Service, forming a distinct pillar within the organisation”. Much has changed since the 1970s in terms of the depth and breadth of statutory employment protection laws but at least until the advent of Employment Tribunal fees in 2013 and the widely welcomed new Employment Tribunal Rules of Procedure of the same year, very little had changed in the way in which Employment Tribunals operated or the cases they heard.

In recent times however momentum appears to be gathering both from the legislature and judiciary to reform Employment Tribunals and move them from their “separate pillar” into the civil

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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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