British employment tribunals: from the side-lines to centre stage

Article English OPEN
Corby, Susan (2015)

Employment tribunals, originally called industrial tribunals, were established 50 years ago in Great Britain and this article traces their gradual change. Originally constituted as administrative tribunals in 1964, they morphed to party versus party forums from the 1970s, but this change did not stop there. Over the succeeding years, employment tribunals moved from a marginal role to a central role in British employment relations, as their caseload has risen, their remit has widened, and as legal regulation has replaced collective regulation. Moreover in so doing, employment tribunals have become less accessible to workers, less speedy and more expensive. They have also become more formal, with legal norms and practices and adjudication by lawyers alone replacing industrial relations norms and adjudication by a mix of lawyers and lay people. As a result, employment tribunals have become juridified. The article concludes by critiquing the basis of employment tribunals which is the self-help/complainant after the event approach, as opposed to state enforcement of statutory employment rights.
  • References (44)
    44 references, page 1 of 5

    Adler, M. Tribunals Ain't What They Used to Be. 2009.

    Blichner, L. and A. Molander 'Mapping Juridification', European Law Journal, 14, 1, (2008), 36-54.

    Bowers, Brown, D. and Mead, G. Industrial Tribunal Practice and Procedure, 2nd edition, London: Longman, 1994.

    Carnwath, R. 'Tribunals and the Courts - The UK Model' Canadian Journal of Administrative Law and Practice 24, (2011) 5-10.

    Clark J. and Wedderburn, K. 'Modern labour law: problems, functions and policies in Wedderburn, W., Lewis, R., and Clark, J. (eds.) Labour law and Industrial Relations: Building on Kahn-Freund, Oxford: Clarendon 1983

    Collins, H. Nine proposals for the reform of the law on unfair dismissal, Institute of Employment Rights, 2004.

    Corby, S. and Burgess, P. Adjudicating Employment Rights: A Cross-National Approach, Basingstoke, Palgrave, 2014.

    Corby, S. and Latreille, P. '“Balance” that Adds Value to Decision Making' Tribunals Winter (2011), 16-18.

    Corby, S. and Latreille, P. 'Tripartite Adjudication - an endangered species' 43, 2, (2012), 94-109.

    Crouch, C. and Farrell, H. 'Breaking the Path of Institutional Development? Alternatives to the New Determinism' Rationality and Society, 16, 1, (2004) 5-43.

  • Related Research Results (1)
  • Metrics
    0
    views in OpenAIRE
    0
    views in local repository
    134
    downloads in local repository

    The information is available from the following content providers:

    From Number Of Views Number Of Downloads
    Greenwich Academic Literature Archive - IRUS-UK 0 134
Share - Bookmark