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Potential changes to rules on tribunal decisions

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The Tribunal Procedure Committee (TPC) has launched a consultation on potential amendments to the rules for each chamber of the First-tier Tribunal and the employment tribunals regarding the issuing of a full decision. The most significant proposal would be removal of the current right for any party to an appeal to obtain ‘full written findings of fact and reasons’ for the tribunal’s decision. Instead, only the losing party would have that right. If the winning party wanted a full explanation as to why it had won, the tribunal would only be required to provide where it was in the interests of justice to do so.

The proposed rule change also envisages limiting the full decision which is issued, so that it only covers the issues on which the losing party was unsuccessful.

Other, less controversial, proposals include:

  • where the tribunal has given an oral judgment, the deadline for requesting a full decision to be reduced from 28 days to 14 days; and
  • the consent of the parties not to be required before the tribunal issues a short (unreasoned) decision.

The consultation closes on 22 October 2024. 

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