Welcome to the last ELA Briefing of 2015. Looking back over the past 12 months I could not say that it has been a monumental year in the development of employment law. We seem to be in a period of ‘not too much happening’.

One can look back – as I occasionally do, misty-eyed – to the noughties and see wave after wave of new and substantial legislation being introduced. The employment law landscape fundamentally changed, with anti-discrimination legislation in relation to part-time workers, religion or belief and sexual orientation, as well as reforms to TUPE and the introduction, then repeal, of the statutory disciplinary and grievance procedures, to name but a few. And this was on the back of some significant changes at the end of the 1990s, with reforms introduced by the new Labour Government.

The feeling was that employment law needed to be updated. It was done both to reflect changes in society (the previous period of real change had been under the Thatcher Government of the late 1970s and early 1980s), to meet European Union obligations, as well as to provide a more aspirational set of values deemed appropriate for a modern European democracy.

Following the election of the coalition Government in 2010 we saw another period of reform; this time in the other direction. Regulation was seen as the enemy of growth and dynamism in the economy. The wounds of the credit crunch, banking crisis and recession had not yet healed and the opportunity presented itself for change. For some it was ideological: too much interference by the state; a claims and dependency culture; and shackles on business all needed to be rolled back.

For others it was a dispassionate pragmatism. The important thing was to keep the wheels of the economy turning and to keep people in work. If there needed to be a rebalancing in favour of employers (and, almost by necessity, against employees), then so be it.

Looking ahead to 2016, it is not to say that nothing will happen. There are likely to be quite fierce battles over changes the Government has proposed to the legislation on industrial action. Some of them will be on the streets and some will be in the courts. A new regime to try and tackle the chronic problem of pay inequality between men and women will be introduced, although many have voiced concerns it does not go far enough to really address the issue.

There will also be the drip, drip of cases going through the Employment Appeal Tribunal, Court of Appeal and other courts, giving us further twists and turns in the law. In reality, it will be a drip rather than a stream. With a huge and continuing drop in employment tribunal claims there will inevitably be a reduction in appeal cases, notwithstanding the introduction of fees for that tribunal. This produces less law.

I think that the big issue for 2016 will be employment tribunal fees, as I believe it has been for the past two or so years. It is an issue that potentially touches everyone who works. Not only does it affect people’s ability to define and/or enforce legal rights, it also creates a climate that affects how employees, employers and workers relate and behave towards each other.

This issue will have the spotlight on it again with the results of the Government’s own review into the effect of fees being published, as well the Justice Select Committee’s inquiry into courts and tribunals fees. We all hope that these have been approached with an open mind and balance.

In the meantime, on behalf of ELA, I wish you a happy Christmas and a peaceful and relaxing New Year.

Alex Lock, DAC Beachcroft LLP