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1/ Well, we didn't have to wait long to see why this morning's put-up hatchet job in the Times was commissioned - the floating of ill-conceived policies reliant on this morning's ill-conceived straw men. https://www.thetimes.co.uk/article/how-can-we-fix-the-broken-employment-tribunal-system-wlr3bc3l2 #ukemplaw
2/ 1st, as @seanjonesqc feared - reversal of Marshall (No. 2) in which the compensatory limits for discrimination claims were removed thanks to the ECJ. The straw man here is that discrim claims are being brought to overcome unfair dismissal limits & qualifying periods.
3/ 2nd, changing the ET to a tribunal in which costs follow the event - a move which in one stroke would stultify an enormous number of meritorious & potentially victorious claims & massively rebalance the ET dice in the employer's favour. Built on a straw man of £1m costs.
4/ Next, a suggestion we'd welcome (though the author gives no suggestion as to how it would work) but which will never happen, and shouldn't be brought in as a means of justifying the sacrifice of other rights or fairness - free legal advice as of right.
5/ Next up, something truly bizarre given the author's ranting against those becoming EJs without prior experience - leave simple matters such as unauthorised deductions & parental leave (simple?!?! has the author seen the Regs!) to clerks (I'm not sure which clerks mind you).
6/ We then have the bizarre suggestion that larger claims involving millions of pounds & the smallest claims, below the small claims value, should go to the county or High Court. Why? I'm not really sure. I know those courts would be less capable at dealing with them.
7/ Next, the suggestion for an ombudsman system in place of tribunals. Something like Ofcom. I kid you not. This really hasn't been thought through, has it? Which ill-considered SpAd or minister is putting up these misguided policy balloons drafted on the back of an envelope?
8/ Next up is the suggestion of an Employment & Equalities Tribunal. That'd be fine as a sensible increase to the ET jurisdiction & has already been floated in previous Tribunal reports. But here it's just a little breather before the final suggestion...
9/ For the final suggestion is to do away with Employment Tribunals. Why? Because they're not what they were 50 years ago when 1st invented. No shit sherlock! There was no discrimination law, whistleblowing, minimum wage, etc & unfair dismissal had only just been invented!
10/ Oh, & to add insult to industry, the 'how do we fix it?' report ends with - I kid you not - a form for Times readers to send in their suggestions. Because that's what we need - changes made by those motivated to fill in a form.
11/ I really do fear the worst from today's unwarranted, ill-conceived "investigation". I haven't seen any comment from @TimesKennedy to the almost universal #ukemplaw criticism. Why was today's work written? What's the agenda? Who asked for it?
