Key Facts

• Employment tribunals have returned to pre-covid levels of hearings.
• The employment dispute resolution system has faced significant backlogs due to the pandemic.
• Since 1996, BEIS Ministers have been responsible for employment tribunal rules.
• Clause 32 transfers rule-making authority from BEIS to the TPC.
• Schedule 5 gives the TPC similar powers as other judicial-led committees.
• Two additional members will be appointed to the TPC: one by the Lord Chancellor and one by the Lord Chief Justice.
• Employment Tribunals are currently under joint supervision by MoJ and BEIS.
• Leggatt review recommended changes in 2001.
• Fees introduced in 2012 led to a two-thirds drop in claims.
• £32 million owed to claimants, only £18.5 million repaid.
• Backlog increased from 22,698 cases in March 2018 to 50,287 in March 2023.
• The clause aligns the approach taken in employment tribunals with those in a wider unified tribunal system.
• An individual with experience before employment tribunals will be appointed to sit on the committee representing the employment sector.
• Existing procedure regulations and rules will not automatically be revoked until new rules are made by the TPC.
• Amendments 69, 70, 71, and 72 are proposed.
• Amendment 69 would ensure certain safeguards before a coroner can discontinue an investigation into a death.
• Amendment 70 ensures family members receive the coroner’s provisional reasons for discontinuation.
• Amendment 71 mandates written notification to interested persons explaining the reasons for discontinuation.
• Amendment 72 proposes establishing an appeals process for families who disagree with the decision.
• Clauses 37 to 39 deal with coroner powers to discontinue investigations, hold inquests in writing, and use remote hearings.
• Clause 37 increases discretion for coroners to discontinue investigations.
• Clause 38 gives coroners the power to hold inquests in writing.
• Clause 39 allows wider use of remote hearings, including with juries.
• The measures were recommended by the Chief Coroner in his 2020 annual report.
• There is a lack of evidence supporting these measures and concerns about cutting corners on investigations.
• Clause 37 broadens circumstances under which coroners can discontinue death investigations.
• There has been an 18% rise in deaths in state detention cases since the pandemic.
• Amendment 69 seeks to address testing evidence, article 2 cases, and family consent issues.
• Article 2 cases often involve serious failings that require scrutiny.
• Clause 37 could prevent proper investigation of complex or borderline article 2 cases.
• The case of Laura Booth highlights the importance of challenging coroner decisions.
• Amendment 70 ensures families are informed of reasons for discontinuation before consent.
• An appeal process is proposed to address challenges to coroners' decisions.
• The backlog in coroners' courts and Crown courts significantly increased due to social distancing measures.
• In December 2009, the outstanding case load was 47,713; by December 2019, it had decreased to 38,291 before the pandemic hit.
• The coroner’s house in Sunderland has a capacity of 54 persons without social distancing but only accommodated 11 with social distancing rules.
• Labour have pulled their Opposition day debate on the backlog twice.
• Six recommendations from the Justice Committee report on coroners have been accepted by the government.
• Clause 41 deals with the merger of coroner areas.
• Clause 37 provides flexibility for coroners to discontinue investigations into deaths from natural causes.
• Amendment 69 seeks additional safeguards by requiring consent from interested persons before discontinuing an investigation.
• Section 4 of the Coroners and Justice Act 2009 sets out conditions under which a coroner may not discontinue an investigation, such as violent or unnatural deaths.
• There were only 20 judicial reviews against coroners’ decisions in 2020.
• New clause 10 would amend Section 10(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
• The amendment includes subsection (7) to specify conditions for legal aid eligibility at inquests involving public authorities.
• 'Interested Person' under section 47(2)(a), (b), or (m) of the Coroners and Justice Act 2009 refers to family members of the deceased.
• New clause 11 aims to remove the means test for legal aid applications prior to inquest hearings.
• Section 47(2)(m) of the Coroners and Justice Act 2009 defines certain relationships that qualify individuals as Interested Persons at inquests.
• Amendments include aligning definitions of 'family' between the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Coroners and Justice Act 2009.
• Clause 38 would allow coroners to hold an inquest entirely in writing.
• Amendment 73 aims to respect the wishes of families regarding whether a hearing should take place.
• New clause 10 seeks non-means-tested public funding for bereaved families' legal representation at inquests where state bodies are represented.
• Inquest has worked on more than 2,000 cases and investigation processes with 483 families currently needing support.
• Legal aid is only granted under the Government’s exceptional funding scheme if it is considered there is a wider public interest.
• No specific facts mentioned.