Tribunals cannot hear Franovich claims

Article Abstract:

The UK's Employment Appeal Tribunal, in Secretary of State for Employment v. Mann, held industrial tribunals do not have jurisdiction over Francovich claims against the state or its officers for failing to implement EC law. These claims are under the jurisdiction of the High Court, despite the difficulty of recovering damages in judicial review proceedings in that forum. The case itself concerned whether UK law contravened the EC Insolvency Directive.

Cases, Powers and duties, Jurisdiction, European Community

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Industrial tribunals - options for reform

Article Abstract:

The British govt's recent Green Paper titled 'Resolving employment rights disputes: options for reform' proposes bills and other action and invites views on a number of topics. In response to the increasing delays in processing cases, it seeks to consolidate laws on employment rights and encourage the use of internal procedures. Among other things, it would rename industrial tribunals as 'employment tribunals' to reflect their modern functions.

Management, Negotiation, mediation and arbitration, Labor relations, United Kingdom. Industrial Tribunals

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Industrial Tribunals Act 1996

Article Abstract:

The 1996 Industrial Tribunal Act consolidates existing UK laws on tribunal membership, jurisdiction, conciliation, and procedure. However, industrial and employment appeals tribunals' rules of procedure will continue to be located in their existing regulations and rules sections. Most of the Industrial Tribunal Act provisions had been located previously in the Employment Protection Act 1978, Schedule 9. A section-by-section guide is provided.

Laws, regulations and rules, Illustration

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