Civil courts and alternative dispute resolution

High Court and County Court employment claims

Most employment rights arise from statute and disputes relating to them are generally within the exclusive jurisdiction of the employment tribunal. This includes:

  1. claims for unfair dismissal (see our Unfair dismissal—overview), and

  2. prohibited conduct claims (discrimination, harassment etc) under the Equality Act 2010 (see our Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims)

Other types of employment or employment-related dispute:

  1. may be brought in the High Court or County Court, or may alternatively be brought instead in the employment tribunal

  2. must only be brought before the High Court or County Court

Whereas employment tribunals derive their jurisdiction exclusively from statute, the civil courts largely have their own inherent jurisdiction and may deal with a wide variety of common law and other claims.

For further information, see our Practice Note: High Court and County Court employment claims, which examines the employment-related claims that either may or must be brought in the High Court or County Court. It gives an overview of the procedure applicable to employment-related

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Latest Employment News

House of Commons publishes motions ahead of consideration of Employment Rights Bill on 8 December

The House of Commons on 5 December published motions relating to Lords amendments to the Employment Rights Bill (ERB), in advance of its consideration of the those amendments on 8 December (to be followed by a swift ping-pong back to the Lords, expected on 10 December).The government amendments include: guaranteed hours offers for zero hours workers—the government has offered a concession in the form of consultation on the initial reference period unfair dismissal—in addition to the reduction of the qualifying period from two years to six months (rather than its removal altogether), the government amendments would remove the unfair dismissal compensation cap entirely by omitting section 124 of the Employment Rights Act 1996 (ERA 1996)reasons for dismissal for which there is no qualifying period—the government proposes to include in the list of reasons in ERA 1996, s 108(3) dismissal for failure to disclose a spent conviction or ancillary circumstances seasonal workers—the government proposes to consult with those representing the interests of seasonal workers and their employers before making regulations contributions to political funds from union members—the government amendments provide for an opt-out notice to be given on a day specified in, or determined by, the trade union’s rules, and for the Secretary of State to publish guidance (within three months of the measures coming into force about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for these purposes industrial action balloting—the government amendments require the Secretary of State, before bringing regulations into force to have regard to the effect provision for balloting other than by post on the proportion of those eligible to vote in such ballots doing so a number of MPs have tabled an amendment that the Commons should insist on the removal of the unfair dismissal qualifying period.

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