header-logo header-logo

25 February 2011 / Stephen Levinson
Issue: 7454 / Categories: Features , Employment
printer mail-detail

The reform carousel

new_image_30_4

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

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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
back-to-top-scroll