click to view mobile Navigation
You are here > Employment Law Legal E-Bulletin

Employment Law Legal E-Bulletin

The former President of the Employment Appeals Tribunal, Mr Justice Underhill has completed his fundamental review of employment tribunal rules. 

Mr Justice Underhill proposes a set of new rules in replacement of the current existing Tribunal Rules and Regulations.  Given that the existing Rules are lengthy and can be complicated, the new  rules use more simple language and are shorter in a bid to make the Rules easier and more understandable for those parties unrepresented.  It is confirmed that a formal consultation on the proposals will follow in the latter part of the year.

The new rules, if approved would make the following changes:

  • combining separate case management discussions and pre-hearing reviews into ‘preliminary hearings
  • requiring the tribunals to give reasons for all decisions on disputed decisions
  • ensure that judges consider the documentation of weak cases earlier in the claim process and dismiss those claims with no arguable complaint or response
  • removing the £20,000 cap where costs awards must be referred to the County Court for assessment
  • the creation of an express power to provide for lead cases in multiple claims
  • enabling set timetables for oral evidence and submissions
  • changes to the withdrawals process so that when settlement is reached, the parties do
    not have to signal their intention to end the claim by way of application to the employment tribunal
  • new accessible, non-prescriptive presidential guidance is to be provided by the Presidents of employment tribunals to give the parties to a claim a better idea of what to expect from the tribunal process. This guidance will also ensure that judges at different tribunal centres deal with the similar hearings in similar ways
When Mr Justice Underhill reviewed the existing Rules, he saw no reason for changing the existing substantive criteria for the award of costs, wasted costs or the making of deposit orders.  In addition he saw no case for changing provisions relating to national security.

In addition to the above recommended changes, Mr Justice Underhill has also recommended some changes to primary legislation.  These would:

  • amend Section 9 (2)(a)of the Employment Tribunals Act 1996, which only allows a deposit order to be made in respect of a set of proceedings as a whole, so that a deposit order may be made in respect of one particular issue in proceedings
  • amend Section 13 of the Employment Tribunals Act 1996, to enable the rules to provide for the award of costs which include the charges or expenses of lay representatives
The Government's formal consultation on the proposals will follow later on in the year.

As soon as we have any further details on Mr Justice Underhill's recommendations, we will update you further.

If you have any questions regarding the recommended changes then please do not hesitate to contact Sally Morris at mfg Solicitors. Email   sally.morris@mfgsolicitors.com

Bulletin courtesy of mfg Solicitors


< Go Back

LATEST NEWS


Hewett's Support Worcester Full & Half Marathon 2018
We are pleased to announce that Hewett Recruitment will be supporting St Richards Hospice and sponsoring the Worcester Full and Half Marathon 2018 as it enters its seventh year.
04/01/2018 10:38:41
Read More >>

HR Professionals Conference 2017 - Huge Success
With over 100 delegates, this years' HR Conference hosted by Hewett Recruitment and the HW Chamber of Commerce is now the largest HR Conference in Worcestershire.
27/11/2017 16:55:25
Read More >>

Hewett’s once again pledge their support to local Foodbanks
Hewett Recruitment have once again pledged their full support this Christmas with a Foodbank collection initiative aimed at helping the local communities of Worcestershire who have fallen on hard times.
18/10/2017 10:55:56
Read More >>

Hope & Glory Dinner - 29th November 2017
Spectacular Black-Tie 'Proms' Celebration in Bewdley... Flag waving and singing to a 20-piece orchestra - three course dinner
22/09/2017 12:20:40
Read More >>

Hewett’s ‘values’ recognised at staff awards
Hewett’s Annual Family Fun Day and Company Awards took place at the West Midlands Safari Park in July.
31/07/2017 15:50:48
Read More >>

LATEST BLOG


Louises Column - Salary & Skills Survey
Last month Hewett Recruitment partnered with the Herefordshire & Worcestershire Chamber of Commerce to publish the Salary & Skills Survey 2017.
18/01/2018 10:22:48
Read More >>

Christmas Legal E-Bulletin - Preparing Your Business for 2018
In the last Employment Law E-Bulletin of 2017, learn how to prepare your business for the new year ahead and the recent employment law developments that should be considered.
18/12/2017 12:50:33
Read More >>

Louises Column - The Warriors Community Foundation
Many of us in business engage and support local causes, to help raise awareness and generate much needed funds for charities and local groups to continue their good work. I'd like to highlight and encourage you to get involved with the great work going on at an exceptional and award winning foundation, The Warriors Community Foundation.
07/12/2017 13:57:01
Read More >>

Legal E-Bulletin - Reimbursement Scheme for Employment Tribunal Fees Announced
Sally Morris, Partner and Head of Employment for mfg Solicitors shares recent declaration about unlawful Employment Tribunal fees and the reimbursement that eligible applicants may be entitled to.
04/12/2017 13:22:02
Read More >>

Louises Column - The Importance of Flexible Working
What to do as a job is the most important life decision that most people will ever have to make. This outranks other life-defining decisions such as where to live, starting a family, or getting married according to a recent survey.
15/11/2017 11:13:09
Read More >>