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

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Cripps—Radius Law

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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