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New EU legislation - If you are a client and we have made a contract with you by electronic means yo ...more

New Employment Tribunal Rules - New Employment Tribunal Procedural Rules.
The Employment Tribunals (Const ...more


Mediation Profile - Mediation Profile: Dan Murphy.
Dan has trained both as an independent Med ...more



   

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New Employment Tribunal Rules

New Employment Tribunal Procedural Rules.


The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 stemming from the review of employment tribunals carried out by Lord Justice Underhill have now been published.

The new Regulations come into force for claims where the Respondent receives a copy of the claim form from the tribunal on or after 29th July 2013.

Some of the key points are as follows:

• Tribunals will reject Claim Forms which are sent in without payment of the fee (or a remission of fee application).

• If the hearing fee is not paid by the due date (as set out in the hearing notice), the Tribunal will give the Claimant a deadline to pay it (or make a fee remission application) or else it will dismiss the claim without any further order. There is a discretion to reinstate the claim if the fee is paid (or remission of fee application made) after the deadline has passed.


• An employment judge will check Claim Forms and Response Forms, to see if there is an arguable claim and defence. If the claim or response is rejected by the judge, there will be a right to make submissions in writing as to why the claim or response should not be dismissed.


• 'Case management discussions' and 'pre-hearing reviews' will be merged into 'preliminary hearings'.


• New case management powers for employment judges include specific provisions relating to 'Unless' Orders, and also a power to conduct a hearing by email.


• There are changes to costs rules. There will be a power for employment judges to carry out detailed assessments of costs (removing the current £20,000 cap).


Breaking News!


One of Britain's highest courts, the Scottish Court of Session, was asked to grant an injunction to stop Employment Tribunals charging fees, as being illegal.
While it refused the injunction, at a hearing on 11 July 2013, it will hear the case in full later in the year. The Government was obliged to give the Court an undertaking that if the Court later decides fees cannot be charged any fees paid from 29 July 2013, when the new rules come in, will be repaid with interest and costs.