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02 July 2020 / Jagoda Klimowicz , Lisa Smith
Issue: 7893 / Categories: Features , Procedure & practice , Employment , Tribunals
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Employment tribunals: proposals for change

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Law Commission update: Jagoda Klimowicz & Lisa Smith discuss key recommendations for the employment law hearing structures

The Law Commission of England and Wales published its report on Employment Law Hearing Structures in April (https://go.aws/381N2dN). The report considers areas of shared and exclusive jurisdiction in employment law and aims to remove anomalies while increasing efficiency and access to justice. However, the report does not seek to propose any major re-structuring of the employment tribunal system (see ‘They’ve got it!’, Stephen Levinson, NLJ 15 May 2020). The report follows a consultation exercise which began in 2018. Its recommendations are based on analysis of 72 consultation responses, from sectors as varied as the judiciary, legal practitioners, non-governmental organisations, companies, academics, trade unions and individuals.

As the research assistant in the team that undertook the consultation analysis for the report and the lawyer leading the project, we are able to provide an in-depth look at the recommendations which may be of particular interest to practitioners.

Underlying

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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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