Today is a fairly momentous day as far as employment law goes…
There are some important developments which you should know about as they have a radical effect on employee’s rights to bring claims to an Employment Tribunal.
1. Not so much “D” but Fee Day
Yes, you thought the day would never come but it has even though it’s subject to Judicial Reviews left, right and centre, the fee system for bringing claims, proceeding to hearing and various other procedural bits and bobs mean you will have to get your wallet out.
Fees do not just apply to Claimants, there are fees for Respondents if they?make applications such as for dismissal of proceedings on withdrawal.
A full?guide to the fees can be found here?.
2. Pre-Termination Agreements & Negotiations
Evidence of “pre-termination negotiations” between an employer and employee will be inadmissible in Tribunal proceedings in ordinary unfair dismissal claims. This is similar to the usual principles in?”without prejudice” negotiations but goes further? as it applies even where no formal dispute has yet arisen.
There are protections built-in to avoid undue pressure being placed upon employees to sign such agreements but the aim is to make the process easier for all concerned.
Settlement agreements is the new name given to the old compromise agreements.
3. 12-month’s pay cap on Tribunal compensation
From 29th July 2013, the current cap of ?74,200 for loss of earnings compensation in unfair dismissal claims will be subject to a further limit of one year’s salary.
In other words, if your earnings are below the overall cap as referred to above, an award will be limited to 12 months earnings.
Whilst the majority of awards do not reach 12 months, it is still a significant change when you consider the effect on potential settlement negotiations.
4.New employment tribunal rules
Judges will now have wider powers including the option to strike out potentially weak claims which have little or no prospects of succeeding. This will done at the newly termed “Preliminary Hearing” which replace the “Pre-Hearing Review” and “Case Management Discussion”.
Judges will encourage the wider use of alternative dispute resolution via ACAS or judicial mediation.
The current system of Deposit Orders for weaker claims?will continue.
CONTACT US NOW FOR ADVICE ON THE ABOVE OR ANY EMPLOYMENT LAW MATTER AND GET A FREE INITIAL ASSESSMENT OF YOUR CLAIM OR DEFENCE:
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