Reforming employment tribunals

The independent Commission, which advises the government on law reform, published its review of the jurisdiction of employment tribunals this week.

Its recommendations include giving tribunals powers to decide breach of contract claims brought while the employee is still employed―currently, the employee must have left before bringing a claim.

The time limit for bringing all types of employment tribunal claims would be six months (as opposed to three months for some claims) and tribunals would have discretion to extend this where ‘just and equitable’ to do so. Tribunals would also be given the power to award damages of up to £100,000 for breach of contract claims, instead of the current £25,000 limit. The Commission said this would remove the need for claims to be pursued in two different courts.

Other recommendations include allowing tribunals to hear employee complaints that they are working hours in excess of maximum working time limits, and reforming enforcement procedures to ensure employees receive their compensation in a timely fashion.

Finally, the Commission proposes deploying judges with experience in discrimination claims in the county court to hear discrimination cases outside the employment law field. There is an overlap of jurisdiction between the courts and the tribunals, as noted by Lord Justice Briggs in his 2016 Civil Courts Structure Review.

Law Commissioner Nicholas Paines QC said: ‘Employment tribunals play an important role in resolving disputes and protecting the rights of workers, however the system is not working as well as it should.

‘The reforms that we have recommended will bring real benefits for the courts and tribunals system and its users. The adjustments will improve employment tribunals’ ability to resolve employment disputes as effectively and justly as possible in one place.’