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18 February 2021 / John Bowers KC
Issue: 7921 / Categories: Features , In Court , Tribunals , Employment
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Employment tribunals: A one stop shop?

39803
Is an employment tribunal a court & does it matter, asks John Bowers QC
  • Irwell v Watson; tribunals as a one stop shop.

Employment tribunals (ETs) were intended, when first introduced in 1963, to be easily accessible, simple and straightforward, but have gradually taken on more of the appearance of courts. There was a somewhat naive belief in the beginning that justice in such tribunals could be achieved without the parties needing lawyers. The presiding officer was called a chair, but is now a judge. And tribunals of course now deal with cases of great complexity, recondite legal areas and with millions at stake. A continuing fundamental difference from a court however, is that the tribunal has no inherent jurisdiction but only what the dizzying array of statutes provide them.

There may be several reasons why this is important. That may be for the purposes of contempt of court as in AG v BBC [1978] 1 WLR 477, [1978] 2 All ER 731. In Peach Grey v Sommers [1995] ICR 549, [1995]

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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