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In a continuing series, Richard Hegarty, chairman of the Law Societys employment law committee, discusses its role in a field where changes affect solicitors as well as their clients The Law Societys employment law committee was created in 1987.

Its terms of reference ask it to do a variety of work, but its principal tasks are: to keep under review and promote improvements in employment law and practice; to support members of the profession undertaking work in employment law and to promote the role of solicitors practising in the field; to represent the views of practitioners regionally and in all sizes of firms and to increase understanding and appreciation of employment law generally; to influence thinking and developments in employment law, both in the UK and across Europe, by means of reports, responses to consultations and meetings with government ministers, civil servants, advisors and others; and to seek clear, comprehensive, fair and workable provisions in employment law.

Support for committee administration is on a part-time basis through the Societys representation and law reform directorate.

The committee consists of council members and solicitors who specialise in employment law, among whom there is experience of City and regional practice, local government and industry.

And indeed, some committee members sit as part-time employment tribunal chairmen.

Law reformWell-drafted, well-considered legislation is in the interests of both solicitors and clients, as well as businesses and individuals.

The committee seeks the enactment of comprehensible legislation supported by practical guidance that does not require clarification by litigation.Changes to employment law also affect solicitors in their capacities as employers and employees.

Therefore, in making and commenting on proposed law reform, the committee aims to be even-handed between the two sides of the employment relationship.

The committee responds to consultation papers on a wide range of proposed legislation and has recently published a review of discrimination law calling for updating and streamlining of the present position (see the Societys Web site at: www.lawsociety.org.uk).Current issuesThe administration of justice through employment tribunals is an important issue for the committee.

It contributed to the Societys response (available on the Web site) to the Leggatt Review of Tribunals consultation paper.

The review completed its work at the end of March.

The committee values the distinctive elements of the present employment tribunal system, for instance its investigatory role and relative informality.

While improvements can be made, the committee would not wish to see substantial alteration to present structures without powerful arguments in favour, as it considers the current system is generally effective for all parties.Although the upper limit on compensatory awards for unfair dismissal has been considerably increased from some 12,000 to more than 50,000 the committee has long argued for removal of all artificial limits on compensation, to mirror the position on discrimination claims, and indeed ordinary civil compensation.

Access to justiceAnother change the committee wishes to see is the availability of publicly funded financial support for difficult cases.

The complexity and value of some discrimination cases in particular exceeds many of those in the civil courts where such support has in the past been available.

In the absence of such help, it remains in the committees view imperative that the maximum flexibility, in the ways in which cases may be funded, is maintained, including the options of conditional and contingency fees.

Revised IT formsThe committee, among others, has been consulted by the Employment Tribunal Service on a preliminary basis about substantial changes to forms and guidance.

Additional consultation is scheduled later this year.On the WebThe Advisory Conciliation and Arbitration Service individual arbitration scheme, for the resolution of unfair dismissal claims, is scheduled to be introduced on 21 May 2001.

Visit: www.acas.org.uk/acassche.pdfEmployment tribunal rules the new tribunal rules will now come into force on 16 July 2001.

Details are available on the Department of Trade and Industry (DTI) Web site: www.dti.gov.uk/er/individual/et.htmCurrent consultations DTI: Implementation of the Fixed Term Work Directive, deadline 31 May 2001 (Available at: www.dti.gov.uk/er/fixed/contents.htm).

Department for Education and Employment: Towards Inclusion: Civil Rights for Disabled People, deadline 8 June 2001 (www.dfee.gov.uk).

EMPLOYMENT COMMITTEEFACT FILECHAIRMANRichard Hegarty is the senior partner of Hegarty & Co in Peterborough.

He started the firm in 1974 as a sole practitioner.

The firm has grown to a six-partner practice with some 40 fee earners and more than 80 staff.

His main area of practice is company commercial work.

He has been a Law Society Council member since 1989 and chaired the property and commercial services committee from 1994 to 1997.

He is currently also a member of the Law Societys compliance and supervision committee.

COMMITTEE MEMBERSIsabel Manley, part-time employment tribunal chairwoman, LondonLiz Buchan, Watson Farley & Williams, LondonNigel Day, Hague Lambert, Manchester, Law Society Council memberMakbool Javaid, DLA, LondonSimon Jeffreys, Cameron McKenna, LondonChristine Moore, British Telecommunications, LondonJenny Mulvaney, TLT Solicitors, BristolChristine Oddy, academic, CoventryJoe OHara, GMB, LondonMichael Short, Short Richardson & Forth, NewcastleJeremy Shulman, Shulmans, LeedsPeter Urwin, retired, Law Society Council member, DurhamFraser Whitehead, Russell Jones & Walker, London, Law Society Council memberl For more information about the committee, contact Alison Plouviez, Policy Adviser, the Law Society on DX 56 Lond/ChanceryLn, or 113 Chancery Lane, London WC2A 1PL, tel: 020 7320 5740; fax: 020 7831 0170; e-mail alison.plouviez@lawsociety.org.uk.

Also check the Societys Web site www.lawsociety.org.uk: click view all specialisms and then choose Employment Law.l Timetable for 2001/2002 the committee meets once more in the current year, on 3 July, and will shortly publish on the Web site dates for its 2001/2 meetings.