click to view mobile Navigation
You are here > mfg Legal Bulletin - July 2013

mfg Legal Bulletin - July 2013

Changes to the Employment Tribunal System Take Effect 29th July 2013

It has recently been announced that the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 will come into force on 29th July 2013 for all claims where the Respondent receives a copy of the claim form on or after this date and where Claimant’s wishing to submit a claim to the Tribunal will have to pay a fee.
In summary, some of the changes include the following:-
  • The Tribunal having more powers to reject claims on more bases;
  • A ‘sift stage’ will be introduced to the process of bringing an employment claim to decide what case management directions are required, to help strike out claims without reasonable prospects of success and to ensure that the claim can be heard within the jurisdiction of the Tribunal;
  • The current default judgment position will be relaxed which means that the Respondent will not automatically be penalised for failing to file the ET3 within 28 days being the prescribed timetable;
  • Case Management Discussions and Preliminary Hearings will be merged into one ‘preliminary’ hearing;
  • There will be a wider discretion for Judges to run final hearings allowing Judges to place stricter obligations on both parties to the proceedings;
  • The £20,000 cap on the costs the Tribunal can order will be removed.

The government decided to implement a two-stage fee charging structure, requiring claimants to present an "issue fee" when they submit their claim or appeal, followed by a "hearing fee" prior to a hearing. There are two levels of claim fees separated into type A and type B claims. Type A claims will tend to be low value claims and non-complex claims for example, unlawful deduction of wages. Type B claims will include all other claims such as unfair dismissal and discrimination etc.
The main fees for a single Claimant is set out below:

 Issue Fee £160  £250
 Hearing Fee
£230  £950

Employment Tribunals will be able to reject a claim if it is not accompanied with the fee or a remission application. If the hearing fee is not the full amount then the Tribunal will write to the Claimant confirming a date in which this must be received by and if the payment is not received by this date, the Tribunal must reject the claim. The Tribunal will however have the discretion to reinstate the claim once the correct fee has been received at a later date.
Compensation Award Cap
The limit on a compensatory award in unfair dismissal cases will be capped at the lower of 52 weeks’ pay or £74,200.  The implementation date for this is not yet known given that legislation is currently before parliament.
This will of course lower the expectation of Claimant’s whose annual salary is well below the statutory cap.

This E-Bulletin was provided by mfg Solicitors.  If you would like to discuss any of the information contained within the article please contact Sally Morris, Partner and Head of Employment Division on 01905 734032.

< Go Back


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

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

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

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

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


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

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

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

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

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