Law Commission consultation on jurisdiction of employment tribunals and civil courts

Wednesday, October 10, 2018

ELA will be responding to the Law Commission’s consultation, which closes on 11 January 2019.

The Law Commission’s consultation has been launched in England and Wales on the jurisdictions of the employment tribunal, Employment Appeal Tribunal and the civil courts in employment and discrimination matters. It seeks to assess the extent to which the current system could be improved but makes clear that the terms of reference exclude the fundamental restructuring of employment tribunals or civil courts.

The consultation contains a list of 54 questions and some provisional recommendations for change. For the most part, the Law Commission is not recommending change. Practitioners will be interested to note the following significant issues will be considered:

  • Should employment tribunals be given concurrent jurisdiction over non-employment discrimination claims?
  • Should an informal specialist list be established within the Queen’s Bench Division to deal with employment cases? (Provisionally recommended by the Law Commission.)
  • Should the £25,000 limit on the employment tribunal’s jurisdiction be increased? (Provisionally recommended by the Law Commission.)

The consultation paper can be downloaded at

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