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11 September 2015
Issue: 7667 / Categories: Legal News
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Overhaul for tribunals?

Law Society issues employment proposals amid fee controversy

The Law Society has proposed an overhaul of the employment tribunal structure, amid mounting disquiet over the impact of fees on potential claimants.

The number of disputes proceeding to tribunal has dropped by 60% since the introduction of fees, prompting widespread concern that potential claimants can’t afford fees of up to £1,200. The Ministry of Justice is currently reviewing their impact.

This week, the Law Society proposed a new tribunal structure for employment claims, where: claims are dealt with flexibly; disputes are dealt with in a single jurisdiction consisting of four levels; simple cases, such as handling unpaid wages claims, are dealt with on a paper basis in level one; and more complex cases, such as multi-strand discrimination cases, are heard by an experienced judge in level four.

Law Society President Jonathan Smithers says: “Our proposed system would be easy for the public to use, as there would be a single entry point, and make sure that cases are dealt with in the most appropriate way.

The Court of Appeal has rejected a challenge by Unison against the legality of the fees (R (oao Unison) v Lord Chancellor [2015] EWCA Civ 935). Last week, the Scottish government pledged to scrap the fees.

Writing in NLJ this week, Stephen Levinson, consultant solicitor, Keystone Law, discusses the impact of tribunal fees, noting that, in a recent Employment Law Association survey of its members, more than one third said legal expenses insurance was an increasingly important factor in whether a legal claim proceeds. He writes that the insurance market may respond to this in due course, and union membership could also provide a cheap form of legal insurance.

Issue: 7667 / Categories: Legal News
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MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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