It is a pleasure to welcome this report. Dry though the subject matter may seem it deals with issues of real practical importance. The Law Commission has not previously reported on employment law. Generally, they avoid anything politically controversial so most of the substantive law is out of bounds. This report deals with the jurisdiction of tribunals, the Employment Appeal Tribunal (EAT), and the civil courts in employment matters. It does not review the current discussions about the possible restructuring of the employment law system. What it does is discuss all of the possible changes to the structure (‘Employment Law Hearing Structures: Report’, (Law Com No 390), April 2020, https://go.aws/3csG42K).
The first thing to welcome is that the Commission clearly understand the unique ethos and role of the employment tribunal, declare what it is, and make clear they wish it preserved. This distinguishes them from all governments over the last twenty years which have shown no such understanding. The no-cost regime, relative lack of formality, a three-member constitution, relaxed
