Devolution of Scottish employment tribunals
18 February 2016
A consultation has been published which seeks views on a draft Order in Council that makes provision for the transfer of specified functions of the Employment Tribunals to the First-tier Tribunal for Scotland.
The Smith Commission recommended that all powers over the management and operation of all reserved tribunals (which includes administrative, judicial and legislative powers) be devolved to the Scottish Parliament other than the Special Immigration Appeals Commission and the Proscribed Organisations Appeals Commission.
The Scotland Bill is currently making its way through the Parliamentary process and will implement the recommendations from The Smith Commission. Clause 37 of the Bill devolves the management and operation of reserved tribunals to the Scottish Parliament and the consultation makes provision to transfer specified functions of the Employment Tribunal to the First-tier Tribunal for Scotland.
The proposed transfer of functions would allow the First-tier Tribunal to hear Scottish employment cases (as defined in the draft Order), along with a number of cases that do not fit within that category but which have a sufficient link to Scotland and should therefore be heard in a Scottish tribunal.
The consultation closes on 24 Mar 2016.