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Employment Tribunal Rules Reform

The Tribunal Procedure Committee is reforming Employment Tribunal rules to address procedural delays, backlog clearance, and worker access to justice. Current reforms focus on costs rules, written reasons for decisions, and recognition ballot complaint timelines, with the Ministry of Justice tasked to publish an action plan for backlog reduction and enforcement resourcing.

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3 Mar 2025 | Committee report linked

While the Committee welcomes the Government’s plans to reform worker status and bogus self-employment, it must proceed at pace to turn ambition into action. If it does not, it risks more companies adopting a ‘self-employment’ model for their workforces to side-step the measures in the Employment Rights Bill. In the words of the Director of Labour Market Enforcement, the Government can consult until ‘the cows come home.’ It needs to act now if it wants the Employment Rights Bill to succeed. Th...

While the Committee welcomes the Government’s plans to reform worker status and bogus self-employment, it must proceed at pace to turn ambition into action. If it does not, it risks more companies adopting a ‘self-employment’ model for their workforces to …

▤ View document · ↗ GOV.UK
3 Mar 2025 | Committee report linked

To ensure long-term enforcement of the new duties on employers introduced in the Employment Rights Bill, the Government should revisit the regime for enforcing equality law and harm against individual protected characteristics, including setting out how the Fair Work Agency will work with the EHRC where their responsibilities overlap. As part of its implementation of employment rights reform, we recommend that Government review and consult on the future of equality law enforcement with a targ...

To ensure long-term enforcement of the new duties on employers introduced in the Employment Rights Bill, the Government should revisit the regime for enforcing equality law and harm against individual protected characteristics, including setting out how the Fair Work Agency …

▤ View document · ↗ GOV.UK
3 Mar 2025 | Committee report linked

Given that an expected consequence of the Employment Right Bill may be greater recognition ballot activity within workplaces, it is essential that ministers amend section 27B of Schedule 1A of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide longer than 24 hours for complaints about the conduct of recognition ballots to be heard and addressed. The Government should further commit to reform section 39(2) of Schedule 1A of the same Act to allow the Secretary of State for...

Given that an expected consequence of the Employment Right Bill may be greater recognition ballot activity within workplaces, it is essential that ministers amend section 27B of Schedule 1A of the Trade Union and Labour Relations (Consolidation) Act 1992 to …

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3 Mar 2025 | Committee report linked

It is important that the impact of reform to industrial relations is both measurable and measured. We recommend that the Government bring transparency around industrial disputes in line with best practice elsewhere, including the United States, and requires parties involved in a recognition ballot to disclose spend on materials, consultants and other payments. In addition, we recommend the Government secures an effective and long-term replacement to the Workplace Employee Relations Survey (WE...

It is important that the impact of reform to industrial relations is both measurable and measured. We recommend that the Government bring transparency around industrial disputes in line with best practice elsewhere, including the United States, and requires parties involved …

▤ View document · ↗ GOV.UK
21 Apr 2023 | Committee report linked

Ministerial responsibility for labour market policy is fragmented across Whitehall departments. We therefore call on the Government to consider the following: a) establish a Ministry of Labour b) appoint a new Minister of State for Labour in the Cabinet Office with the authority to convene and coordinate labour market policy across Whitehall c) establish a Cabinet Committee on Labour, chaired by a Business and Trade Minister, which convenes each relevant Minister from each relevant Department...

Ministerial responsibility for labour market policy is fragmented across Whitehall departments. We therefore call on the Government to consider the following: a) establish a Ministry of Labour b) appoint a new Minister of State for Labour in the Cabinet Office …

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21 Apr 2023 | Committee report linked

We recommend that a taskforce of relevant enforcement bodies be established, alongside the Centre for Data Ethics and Innovation and the Trades Union Congress, to assess the implications of technology in the workplace, to consider whether enforcement of labour laws is effective, and to make recommendations on whether further legislation is required. We recommend that the taskforce be asked to produce an initial report by autumn 2024. (Paragraph 86) Workers’ rights and protections

We recommend that a taskforce of relevant enforcement bodies be established, alongside the Centre for Data Ethics and Innovation and the Trades Union Congress, to assess the implications of technology in the workplace, to consider whether enforcement of labour laws …

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21 Apr 2023 | Committee report linked

We conclude that enforcement of labour market rules is wholly inadequate—not because enforcers or regulators are not performing, but because they are under- resourced and not given the priority they deserve for legislative reform.

We conclude that enforcement of labour market rules is wholly inadequate—not because enforcers or regulators are not performing, but because they are under- resourced and not given the priority they deserve for legislative reform. Type: conclusion | Number: 24 | …

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21 Apr 2023 | Committee report linked

We call on the Government to commit to a long-term financial plan with the new single enforcement body (or existing bodies if it declines the opportunity to create a single enforcement body) to ensure that it is resourced to at least the minimum level of what is deemed appropriate by the International Labour Organisation.

We call on the Government to commit to a long-term financial plan with the new single enforcement body (or existing bodies if it declines the opportunity to create a single enforcement body) to ensure that it is resourced to at …

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21 Apr 2023 | Committee report linked

While employment tribunals are backlogged, and awards are not being paid, workers are being prevented from exercising their rights effectively. We commend the Government for providing resources specifically to help clear the backlog. In the meantime, we ask the Ministry of Justice to set out an action plan on clearing the backlog and on its plans for resourcing enforcement, to be published within the next six months. The Government should also justify why it has not so far taken action to ext...

While employment tribunals are backlogged, and awards are not being paid, workers are being prevented from exercising their rights effectively. We commend the Government for providing resources specifically to help clear the backlog. In the meantime, we ask the Ministry …

▤ View document · ↗ GOV.UK
21 Apr 2023 | Committee report linked

If the Retained EU Law (Revocation and Reform) Bill receives Royal Assent, a substantial body of regulations contained within EU retained law and covering employment standards and rights will cease to apply in the UK unless specifically preserved in some form. Great care will need to be taken in reviewing these regulations and determining how they should each be treated, to ensure that there is clarity and consistency in UK labour law.

If the Retained EU Law (Revocation and Reform) Bill receives Royal Assent, a substantial body of regulations contained within EU retained law and covering employment standards and rights will cease to apply in the UK unless specifically preserved in some …

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7 Oct 2021 | Committee report linked

We also repeat our previous recommendation that the Government should extend the period in which new and expectant parents may bring claims to an employment tribunal. The Government must urgently conclude its work to consider this change and clarify when and how it will be implemented. (Paragraph 51) Childcare accessibility and provision

We also repeat our previous recommendation that the Government should extend the period in which new and expectant parents may bring claims to an employment tribunal. The Government must urgently conclude its work to consider this change and clarify when …

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6 Jul 2020 | Committee report linked

We recognise the concerns of Maternity Action that pregnant women and new mothers, who are at significant risk of discrimination and dismissal, may struggle to prepare and submit legal challenges within the 3-month time limit, at what is already an extraordinarily challenging time. We recommend that the Government considers extending the period in which pregnant women and new parents may bring claims before the employment tribunal to 6 months from dismissal on a temporary or permanent basis i...

We recognise the concerns of Maternity Action that pregnant women and new mothers, who are at significant risk of discrimination and dismissal, may struggle to prepare and submit legal challenges within the 3-month time limit, at what is already an …

▤ View document · ↗ GOV.UK