The final report on the Civil Courts Structure Review, led by Briggs LJ and published in July 2016, identified problems with boundary issues between the courts and the Employment Tribunal system that result from ‘an awkward area of shared and exclusive jurisdiction in the fields of discrimination and employment law’. As a result, the Law Commission included Employment Law Hearing Structures as one of the projects in its 13th Programme of Law Reform. This aims to resolve problems caused by the allocation of jurisdiction and to investigate the ‘outdated and in some respects arbitrary limits’ on the Employment Tribunal’s jurisdiction in the employment field.
This has resulted in a consultation which seeks views on 54 questions.
Ultimately, it is up to Parliament whether or not recommendations made by the Law Commission are implemented.
The consultation document can be downloaded from the Law Commission’s website. The consultation closes on 11 January 2019.