The Law Society has published a discussion document on proposals to change the structure of employment litigation.

In their view

"the ET process has become increasingly legalistic; simple cases are not being dealt with as quickly and efficiently as they could be.

Most employment disputes need to be lodged at the ET, while some can only be heard in the county or High Court, and in some cases the claimant has a choice of forum. This can be confusing to unrepresented claimants as to where they should start their claim. Once a dispute enters the ET process the avenues for alternative dispute resolution (ADR) are unclear."

The discussion document therefore suggests that the structure of the ET should be reformed so that cases are dealt with "at a level proportionate to their complexity and value." In practice this would mean that all employment cases would be heard in a single jurisdiction, consisting of four levels. There would be a single point of entry, with cases allocated by a suitable gatekeeper, but each level would have different procedural considerations.

Their hope is that the suggested reforms would create an employment law system that is accessible to all and may even lead to a restructuring of the current ET fee regime which they see as a barrier to justice.

The full document can be downloaded from the Law Society website here and any comments should be sent to [email protected] by 30 October.