header-logo header-logo

02 December 2011 / Stephen Levinson
Issue: 7492 / Categories: Opinion , Tribunals , Employment
printer mail-detail

Playing with perceptions

Stephen Levinson puts Vince Cable’s new regime for employment tribunals under the spotlight

The new regime for employment tribunals revealed by the Business Secretary is a product of a variety of motives. Politics and money were the principal drivers and their effect will be analysed in this article, which will suggest that while their overall impact is mixed some will cause long-term damage to a system that has many merits as well as recognised flaws.

Good sense

First, it has to be recognised that some very welcome changes are to be made. The proposals for encouraging early conciliation and mediation, streamlining compromise agreements and redrafting s147 Equality Act 2010 all make sense and are to be encouraged. In addition rewriting the whistle blowing laws to prevent employees bringing claims based on complaints about breaches of their own contracts is long overdue. Also on the list of sensible ideas is the fundamental review of tribunal rules to be carried out by Mr Justice Underhill; and the removal of some of the absurdities of

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll