Employment Tribunal Reforms to Boost the Economy

Abstract

One of the more ignored aspects of employment law is tribunal procedure. To this neglected area the Coalition Government has brought in a host of reforms to address what is regarded as an economic imperative. This commentary considers the employment law reforms contained in the Enterprise and Regulatory Reform Act 2013, Part 2.1 Coming at the mid-way point in the Coalition’s planned reforms which are scheduled to be fully introduced as of 2015,2 this legislative overhaul of employment tribunal procedure has been linked to efforts to improve the country’s economy. Government reports published leading up to the passage of the legislation offer guidance to the new framework. The package contains a negative and singular view of employment litigation. The Act and Regulations may assist employers, but more remarkable is the Government’s ambivalence regarding rights. These reforms put into question access to redress for potential infringements of employment rights and emphasise the use of law as a tool for economic stimulation rather than a source of rights protection.