Government to 'weed out weak claims' for employment tribunals
In the Government’s response to a fundamental review of the rules of procedure for employment tribunals, it has accepted the following proposals:
• new strike out powers to ensure that weak cases that should not proceed to full hearing are halted at the earliest possible opportunity;
• guidance from the Employment Tribunal Presidents to help ensure that judges deal with hearings in a consistent manner which ensures parties know what to expect;
• making it easier to withdraw and dismiss claims by cutting the amount of paper work required; and
• a new procedure for preliminary hearings that combines separate pre-hearing reviews and case management discussions. This will reduce the overall number of hearings and lead to a quicker disposal of cases saving time and costs for all parties.
The new rules are due to come into force this summer.
Employment relations minister, Jo Swinson said: “We are committed to finding ways to resolve workplace disputes so they don’t end up with two sides in front of a tribunal.
“The proposals set out today will help all parties understand what the process involves and what to expect. Employment tribunals are costly in terms of time, money and stress for everyone and they should always be the last resort, not the first port of call.
“Our efforts to review of areas of employment law not just tribunals are about making sure business can get on and grow, while employees have the necessary protections in place.”
Employment lawyer Rajiv Joshi, associate at Morgan Cole, said: “Publicans will still need to comply with the basic principles of fair dismissal. However, if they are faced with an employment tribunal claim, these changes will make it easier to understand.
“The rules will be an easier read if they want to take on the case by themself, but it’s still a very complicated area with no representation.”
He added that tribunals will no longer be as time consuming, and less stressful. “It’s a welcome change,” said Joshi.
