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Law Commission Report: Employment Law Hearing Structures

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The Law Commission has today published a report on Employment Law Hearing Structures. The report is long and makes many recommendations; some of the key ones are set out below:

1. expansion of the contractual jurisdiction of the employment tribunal to include limb 'B' workers and to raise the contractual damages limit from £25K to £100K;

2. to have a single time limit for employment tribunal claims of six months;

3. for extensions of time, to replace the "reasonably practicable" test with the "just and equitable" test;

4. an informal list in the QBD for all employment & discrimination work e.g. restraint of trade, confidential information, equal pay and industrial action injunctions;

5. employment tribunals not to have the power to grant injunctions;

6. Employment Judges to lend their expertise to the County Court on discrimination cases.

Thank you to Eleena Misra of Old Square Chambers for her twitter thread on the report, which has been summarised above.