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Civil courts and alternative dispute resolution


STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replaced the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force from 6 January 2025, primarily amended the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course.

For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This subtopic will be updated in light of the ET Rules 2024 as soon as possible.

High Court and County Court employment claims

Most employment rights arise from statute and disputes relating to them are generally within the exclusive jurisdiction of the employment tribunal. This includes:

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Latest Employment News

Employment weekly highlights—19 June 2025

This edition of Employment weekly highlights includes: (1) an EAT judgment opining that an autism or ADHD diagnosis is not just a label (ie an impairment); it is also a relevant factor when considering substantial adverse effect for disability discrimination purposes, (2) an EAT ruling upholding a tribunal’s finding that a failure to provide a mask during COVID-19 did not breach the duty to make reasonable adjustments, (3) news that the Data (Use and Access) Bill has received Royal Assent, (4) an EAT ruling clarifying that time spent in the early conciliation process prior to the start of the limitation period cannot be added on to extend time, (5) the latest employment tribunal statistics from the Ministry of Justice, (6) an EAT judgment confirming that the ET had jurisdiction to hear discrimination claims against non-UK-domiciled respondents, (7) dates for your diary, and (8) other news items of interest to employment practitioners.

ICO publishes guidance documents and work plan for Data (Use and Access) Act 2025

The Information Commissioner's Office has published several guidance documents and a working plan following the Data (Use and Access) Bill receiving royal assent on 19 June 2025 and becoming an Act of Parliament as the Data (Use and Access) Act 2025 (DUAA). The ICO notes that the main changes to the law include clarifying how personal information can be used for research, lifting restrictions on some automated decision making, setting out how to use some cookies without consent, allowing charities to send people electronic mail marketing without consent in certain circumstances and requiring organisations to have a data protection complaints procedure and introducing a new lawful basis of recognised legitimate interests. The ICO also underlines that the DUAA provides it with new powers including the ability to compel witnesses to attend interviews, request technical reports, and issue higher fines.

Council of the EU agrees on position for traineeship working conditions directive

The Council agreed on its negotiating position on 19 June 2025 for a new directive aimed at improving trainee working conditions and preventing false traineeships. The directive covers both employed trainees and those in disguised employment relationships, excluding educational traineeships. Member states will have flexibility in implementation methods and two years to comply once enacted. The directive responds to concerns over trainee exploitation among the EU's three million trainees, with numbers expected to rise 16% by 2030. The Council will begin trilogue negotiations with the European Parliament once the latter establishes its position.

Data (Use and Access) Bill to receive Royal Assent on 19 June 2025

The Data (Use and Access) Bill (DUA) is set to receive Royal Assent and become an Act of Parliament on Thursday 19 June 2025. This follows its parliamentary review being finalised on 11 June 2025 and marks the culmination of nearly eight months of parliamentary procedure. Under section 139 of the DUA, most provisions will come into force as and when the Secretary of State appoints regulations. However, a limited number of provisions will come into force upon Royal Assent. This includes section 78, which relates to reasonable and proportionate searches for data subject access requests. It also includes sections 126–128 on the retention of biometric data, and schedule 16 on the grant of energy smart meter communication licences.

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