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The Government is to remove the Employment Tribunal's power to make recommendations to employers that go beyond the specifics of a particular discrimination claim.

The measure was announced as part of the Queen's Speech, which set out a range of measures to supposedly reduce the amount of regulation with which businesses have to comply. Whilst de-regulation may seem laudable some will see this as yet a further attack on employment rights.

Prior to the Equality Act 2010 coming into force, recommendations could only be made by an employment tribunal if they aimed to reduce the adverse effect of the discrimination on the employee who brought the claim (usually where the employee had brought the claim whilst still employed by the business).

However, in line with the Equality Act, Tribunals may currently make recommendations that benefit the wider workforce and not just the claimant. From the employer's perspective, recommendations represent additional costs in terms of implementation. Moreover there is the potential adverse publicity of a discrimination claim being brought against them, the findings of which then becomes disseminated widely amongst the work force.

Sarah Rushton

Tel: 0207 539 4147s


Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

Chambers and Partners

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