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Leggatt Report

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The government has, today, published Sir Andrew Leggatt's report on the tribunal system.

The report is long! Readers brave enough to try it can access it, together with the consultation paper issued by the government based on the report's recommendations, from here. Ignore the date of March 2001 on the website - it was only made publicly available today!

With regard to employment tribunals, the main recommendations are:

(a) ETs should remain as tribunals - there should be no new 'employment court' system set up to deal with all claims arising from employment disputes (paras 3.22-3.24). However, further consideration should be given to transferring employment-related claims (eg personal injury sustained at work) to the ETs jurisdiction (Part II, ETs, para. 28)

(b) Administrative responsbility for ETs and the EAT should be transferred from the DTI to the LCD (paras. 3.25-3.28) 

(c) A recommendation to the government that it introduces a system of licensing for unqualified employment advisers (or set up other safeguards) (paras. 4.33-4.39) 

(d) Possibly increase the number of locations at which ETs sit (Part II, ETs, para 7) 

(e) Legal aid should not be extended to employment tribunals (Part II, ETs, para 12) 

(f) Costs should not follow the event (Part II, ETs, para 24) - although a study should be set up to look into this issue further in the future (Part II, ETs, para 23) 

(g) The test for permission to appeal from the EAT to the Court of Appeal be brought in line with other areas of law, namely from 'real prospect of success on a question of law' to 'cases which raise an important point of principle or practice' (Part II, ETs, para. 29)

The consultation paper invites views on a vast range of issues. The closing date for submissions is 30th November 2001.