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Chapter

Cover Administrative Law

23. Statutory Tribunals  

Sir William Wade and Christopher Forsyth

Tribunals have attracted the attention of the legislature on several occasions, most recently with the Tribunals, Courts and Enforcement Act 2007, which implements far reaching and fundamental reforms seeking to impose system and order on the maze of specialised tribunals. This chapter discusses the 2007 reforms, the procedure of tribunals, and appeals on questions of law and discretion.

Chapter

Cover Employment Law

30. Employment tribunal procedure  

This chapter looks at the employment tribunal procedure and at the steps that are generally taken before a full hearing takes place, including settlements and early conciliation. Also considered are time limits. Employment tribunals are less formal than other courts. The tribunal panel is usually made up of a judge and two lay members, but a judge can sit alone in certain circumstances. A case has to be brought on a standard ET1 form, and a response on a standard ET3 form. Full details have to be given, and permission is rarely given to amend. Preliminary hearings can be held to sort out issues such as disclosure. There is also an emphasis on settlement if possible.

Chapter

Cover Wade & Forsyth's Administrative Law

23. Statutory Tribunals  

Sir William Wade, Christopher Forsyth, and Julian Ghosh

Tribunals have attracted the attention of the legislature on several occasions, most recently with the Tribunals, Courts and Enforcement Act 2007, which implements far reaching and fundamental reforms seeking to impose system and order on the maze of specialised tribunals. This chapter discusses the 2007 reforms, the procedure of tribunals and appeals on questions of law and discretion.

Chapter

Cover Public Law

17. Tribunals  

This chapter considers the role and constitutional status of tribunals that determine appeals against initial decisions made by government agencies. It also examines the place of tribunals within the UK’s public law system and the reorganisation of the tribunals into a new, integrated, and unified tribunals system brought about by the Tribunals, Courts and Enforcement Act 2007. An overview of the tribunals system, tribunal procedures, and judicial oversight of tribunal decision-making is also provided.

Chapter

Cover Selwyn's Law of Employment

20. Practice and Procedure  

An employee seeking the enforcement of a statutory right, or to obtain a remedy for a breach of that right, must present his claim to an employment tribunal. This chapter discusses the rules for making a claim to an employment tribunal and the employment tribunal procedure. It looks at time limits and the effective date of termination, and considers the mechanics of submitting and defending a claim; the various stages of proceedings such as preliminary hearings and case management as well as the final hearing; remedies including compensation, basic award and compensatory award; vexatious litigants; costs and appeals to the Employment Appeal Tribunal and beyond.

Chapter

Cover Administrative Law

18. Statutory Tribunals  

Mark Elliott and Jason Varuhas

This chapter deals with statutory tribunals, the growth of which mirrors the dramatic expansion of the state itself. It first explains what tribunals are and whether they are a good thing before discussing two important turning points in the development of tribunals: the Franks Report, published in 1957, and the Leggatt Review, published in 2001. It then considers the independence of tribunals, focusing on their judicial leadership as well as tribunal appointments. It also examines some of the key issues and themes which arise from tribunal procedure, paying attention to formality, representation, and the style of tribunal proceedings. The chapter concludes with an analysis of the structure of the tribunals system and its relationship with the courts, with particular emphasis on the First-tier Tribunal (FTT) and the Upper Tribunal (UT), appeals against tribunal decisions, and judicial review by and of the UT.

Chapter

Cover Public Law

15. Tribunals  

This chapter discusses tribunals and their role within the administrative justice system. It considers the purpose of tribunals, their advantages over the courts and the difference between tribunals and judicial review. The chapter than outlines the structure of tribunals, focusing on the two-tier system introduced by the Tribunals, Courts and Enforcement Act 2007, and the roles of the First-tier Tribunal and the Upper Tribunal. The ability to appeal from the First-tier Tribunal to the Upper Tribunal is then outlined together with the possibility of making an onward appeal on a point of law to the Court of Appeal and potentially direct to the Supreme Court. The chapter also analyses the development of ‘Cart judicial reviews’, which is when the Upper Tribunal is itself reviewed by the High Court, and scrutinises proposals to abolish this procedure. Different aspects of tribunal procedure, including oral or paper-based hearings, and different approaches to conducting oral hearings are also discussed. The chapter concludes by considering potential reforms, including the move to holding tribunals online.

Chapter

Cover Employment Law

31. Preparing and presenting a case  

This chapter provides practical guidance to aid in the preparation and presentation of a case before an employment tribunal. Although it is primarily written from the point of view of the advocate at such a hearing, the material is also relevant to advisors, witnesses and the parties to a case. The text guides the parties to a tribunal case through the whole tribunal procedure from the very beginning. It covers fact management, understanding the law, starting the process—filling in claim and response forms, preparing a schedule of loss, negotiating a settlement, drafting witness statements, disclosure, preparing bundles and advocacy.

Book

Cover Selwyn's Law of Employment
Selwyn’s Law of Employment is regarded as essential reading by law students and practising lawyers, and those studying employment law in a business or professional environment. This edition continues Norman Selwyn’s practical approach to the subject, providing a succinct account of all areas of employment law. Both individual and collective employment law issues are considered, alongside a broad range of UK and EU case law. New to this edition, the text provides coverage of the new IR35 legislation and the new immigration rules as well as an overview of the coronavirus legislation as it relates to employment, such as compulsory vaccination, the furlough scheme and self-isolation. There is also an up-to-date discussion of the gig economy employment status case law, and freedom of expression, and belief.

Chapter

Cover Cases & Materials on International Law

16. Peaceful Settlement of International Disputes  

An international legal order must have rules in regard to the settlement of disputes. These rules are particularly necessary in an international community where States are not equal in terms of diplomatic power, access to weapons or access to resources, and where there is the potential for massive harm to people and to territory. This chapter discusses the general obligation on States; non-judicial settlement procedures; arbitration; specific international tribunals; the International Court of Justice and its interaction with the Security Council.

Chapter

Cover Employment Law

5. Unfair dismissal—Reasonableness  

This chapter continues the discussion begun in Chapter 4 by considering the third of the three questions employment tribunals must address when faced with an unfair dismissal claim: Did the employer act reasonably in carrying out the dismissal? If the answer is ‘yes’, then the dismissal is fair, if it is ‘no’, then it is unfair and the issue of an appropriate remedy is considered by the tribunal. The chapter explores this concept of ‘reasonableness’ in detail. It explains how it has evolved over the decades and why its interpretation by the courts remains highly controversial. In particular, it focuses on how the courts have determined what does and what does not constitute a fair dismissal on grounds of misconduct, poor performance and ill health.

Chapter

Cover Competition Law

10. Competition Act 1998 and the cartel offence: public enforcement and procedure  

This chapter describes the system of public enforcement under the Competition Act 1998. This chapter begins with a consideration of the way in which inquiries and investigations are carried out under the Competition Act. It briefly considers the position of complainants to the CMA, followed by a discussion of the extent to which it may be possible to receive guidance from the CMA on the application of the Act. The chapter then describes the powers of the CMA to enforce the Competition Act, the criminal law cartel offence and the provisions on company director disqualification. It concludes with a discussion of concurrency, appeals under the Competition Act and the Government’s review of the operation of the Competition Act between 2014 and 2019.