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02 December 2011 / Stephen Levinson
Issue: 7492 / Categories: Opinion , Tribunals , Employment
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Playing with perceptions

Stephen Levinson puts Vince Cable’s new regime for employment tribunals under the spotlight

The new regime for employment tribunals revealed by the Business Secretary is a product of a variety of motives. Politics and money were the principal drivers and their effect will be analysed in this article, which will suggest that while their overall impact is mixed some will cause long-term damage to a system that has many merits as well as recognised flaws.

Good sense

First, it has to be recognised that some very welcome changes are to be made. The proposals for encouraging early conciliation and mediation, streamlining compromise agreements and redrafting s147 Equality Act 2010 all make sense and are to be encouraged. In addition rewriting the whistle blowing laws to prevent employees bringing claims based on complaints about breaches of their own contracts is long overdue. Also on the list of sensible ideas is the fundamental review of tribunal rules to be carried out by Mr Justice Underhill; and the removal of some of the absurdities of obtaining CRB checks.

Money & politics

The business community

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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