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Playing with perceptions

02 December 2011 / Stephen Levinson
Issue: 7492 / Categories: Opinion , Tribunals , Employment
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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

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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