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Law Commission makes recommendations on the jurisdiction of Employment Tribunals

The Law Commission has published recommendations following the consultation on the jurisdictions of employment tribunals. Some of the recommendations include:

  • The time limit for bringing a claim should be increased to six months for all claims. Currently the time limit is three months for most claims including unfair dismissal, discrimination and whistle-blowing claims.
  • Employment Tribunals would have the discretion to extend time limits where they consider it “just and equitable” to do so. This is currently the test in discrimination claims and therefore it is proposed that this is extended to unfair dismissal and whistle-blowing claims.
  • Employment Tribunals to decide claims of breach of contract brought by employees and workers while they are still employed. Currently, the employee must have left the employer before bringing a claim.
  • Giving Employment Tribunals the power to give damages in breach of contract claims of up to £100,000 (currently the limit is £25,000). This will reduce the need to pursue claims in two different courts and the cost consequences associated with bringing claims in the civil courts.
  • Allowing Employment Tribunals to hear complaints by employees that they are working hours in excess of the maximum working time limits pursuant to the working time regulations.
  • Employment judges with experience of hearing discrimination claims to be deployed to sit in the county court to hear discrimination cases outside the employment field.

If implemented, the proposals would provide greater protection for employees and workers, in their ability to pursue employment claims.

We have prepared an information sheet which sets out the amounts employees can recover for a number of employment related claims and the current family friendly, sick pay and national living wage figures.

If you have any questions please contact Sejal Raja on sejal.raja@rlb-law.com.


Disclaimer

This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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