header-logo header-logo

Employment tribunals: A one stop shop?

18 February 2021 / John Bowers KC
Issue: 7921 / Categories: Features , In Court , Tribunals , Employment
printer mail-detail
39803
Is an employment tribunal a court & does it matter, asks John Bowers QC
  • Irwell v Watson; tribunals as a one stop shop.

Employment tribunals (ETs) were intended, when first introduced in 1963, to be easily accessible, simple and straightforward, but have gradually taken on more of the appearance of courts. There was a somewhat naive belief in the beginning that justice in such tribunals could be achieved without the parties needing lawyers. The presiding officer was called a chair, but is now a judge. And tribunals of course now deal with cases of great complexity, recondite legal areas and with millions at stake. A continuing fundamental difference from a court however, is that the tribunal has no inherent jurisdiction but only what the dizzying array of statutes provide them.

There may be several reasons why this is important. That may be for the purposes of contempt of court as in AG v BBC [1978] 1 WLR 477, [1978] 2 All ER 731. In Peach

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll