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25 February 2011 / Stephen Levinson
Issue: 7454 / Categories: Features , Employment
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The reform carousel

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Stephen Levinson assesses the government’s tribunal bandwagon

Those familiar with some history may be forgiven for thinking that the government’s recent consultation paper, Resolving Workplace Disputes, was written by amnesiacs. For an institution less than 50 years old employment tribunals have been much reviewed.

There was Justice in 1987; the green paper, Options for Reform in 1994; Fairness at Work in 1998; the Leggatt Report in 2001 and, in 2002, the very thorough report of the Employment Tribunal System Taskforce (ETST). There was a white paper in 2004, and in 2007 the Ministry of Justice chipped in with Transforming Tribunals. Then again in 2010 the secretive Tribunal Steering Board came up with a Report on Consistency. What is notable about the current offering is that although many of the 13 ideas proposed have appeared before in one or more of those reports no acknowledgement of this appears anywhere.

Alarmingly the only mention to previous work on tribunals is to the Gibbons Review of 2007—a piece of matchless political expediency—which told the world what

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NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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