Law Commission proposal to sue the boss

Industrial Tribunals may be busier in the future as proposals by the Law Commission have suggested that employees may be able to take their employers to court. 

The Law Commission was established fifty years ago and has been responsible for 200 UK wide laws.This latest scenario says staff members should be entitled to take their employers before a tribunal if they have been made to work in excess of their agreed maximum hours.  

At present staff can only take employers to court after they have left the firm. However the new proposals suggest employees can make that step whilst still in the firms employ under the heading, "breach of contract".

The proposals have been suggested following high profile issues involving sexual harassment, bullying, and discrimination. Such instances have included accusations against charities and Top Shop supremo Sir Philip Green. 

Law Commissioner Nicholas Paines, QC, commented that, "The adjustments will improve employment tribunals' ability to resolve disputes as effectively and justly as possible in one place."

In the report published in late April the Law Commission noted that employees' entitlements, such as payment for statutory leave, were generally handled by tribunals. That made it "desirable" to extend their jurisdiction to ruling on complaints by employees about their workload.

The Law Commissioon consulted a number of employers and they seemingly criticised the plans to allow employees to sue their bosses while still working for them.

One of the UK's largest property groups suggested, "it would lead to a rise in claims."

Whitestone Solicitors

Rochdale