Blake Lapthorn's Thames Valley HR forum - 10 September 2013

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Blake Lapthorn's Employment team held a forum on changes in employment tribunal claims, on 10 September 2013 at Blake Lapthorn's Oxford office.

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Blake Lapthorn's Thames Valley HR forum - 10 September 2013

  1. 1. Thames Valley HR Forum 10 September 2013
  2. 2. Changes in Employment Tribunal Claims Alexandra Robinson alexandra.robinson@bllaw.co.uk
  3. 3. Tribunal fees Claims lodged on or after 29 July 2013 Issue Fee – Type A - £160 – Type B - £250 Fee before hearing – Type A - £230 – Type B - £950 Payable by the Claimant Some fees payable by the Respondent
  4. 4. Tribunal fees What happens if the fee is not paid? – Issue fee – Fee before hearing What happens if the Claimant cannot afford to pay? – Remission system What happens to the fee if the Respondent loses? – Reimbursement? What are the likely consequences of this change? Judicial Review
  5. 5. The new Tribunal rules For claims that are new or ongoing on 29 July 2013 Rejection of claims – Technical defects (Rule 10) – No fee or remission application (Rule 11) – The initial sift (Rule 12)
  6. 6. The initial sift – Rule 12 The staff of the Tribunal will refer a claim to an Employment Judge if they consider that the claim or part of it may be – one which the Tribunal has no jurisdiction to consider; or – in a form which cannot sensibly be responded to or is otherwise an abuse of the process Notice of Rejection Reconsideration What are the likely consequences of this change?
  7. 7. The judicial sift – Rule 26 “As soon as possible” after receipt of the Claim Form and the Response The Employment Judge can dismiss all or part of the Claim if he/she considers that – the Tribunal has no jurisdiction to consider the claim or part of it; or – the Claim or part of it has no reasonable prospects of success. What are the likely consequences of this change? Note – the same applies to the Response!
  8. 8. Case Management Alternative dispute resolution Case Management Orders Disclosure and evidence Lead Cases Striking out Unless Orders Deposit Orders Preliminary Hearings Hearing
  9. 9. Compensatory Awards For dismissals on or after 29 July 2013 The statutory cap is now the lower of – £74,200; or – 52 weeks pay What are the likely consequences of this change?
  10. 10. Thames Valley HR Forum Alexandra Robinson alexandra.robinson@bllaw.co.uk
  11. 11. Acas Early Conciliation and Settlement Agreements Debbie Sadler debbie.sadler@bllaw.co.uk
  12. 12. Background Enterprise and Regulatory Reform Act 2013 – 29 July 2013 – Name Change (S23 ERRA) – Pre Termination Negotiations (s14 ERRA) – New Acas Code and Guidance
  13. 13. Pre Termination Negotiations “Without prejudice” rule Pre termination negotiations i.e any offer or discussion of proposed settlement terms with a view to terminate employment on agreed terms:- – confidentiality of negotiations (s111A ERA) – “ordinary” unfair dismissal ONLY – BUT “improper behaviour” – reserve rights re costs
  14. 14. Acas Code and Guidance Acas Code of Practice on Settlement Agreements – statutory – relevant provisions shall be taken into account by ET Little practical guidance other than:- – give reason for proposal when made (orally/in writing?) – reasonable period to consider offers (10 days) – face to face meeting – allow employee to be accompanied?
  15. 15. Acas Code and Guidance “Improper behaviour” ultimately for a Tribunal but includes:- – harassment, bullying and intimidation – physical assault – victimisation – discrimination – undue pressure not enough time for consideration rejection will lead to dismissal employee threatening to talk to press
  16. 16. Acas Code and Guidance Acas Guidance “Settlement Agreement : A Guide” – non statutory and not taken into account by ET – practical guidance pros and cons negotiations draft Settlement Agreement and letters admissibility of negotiations checklists
  17. 17. Acas Early Conciliation New early dispute resolution service From early 2014 Notification to ACAS of intention to bring a claim Limitation period put on hold Certificate
  18. 18. Thames Valley HR Forum Debbie Sadler debbie.sadler@bllaw.co.uk
  19. 19. Questions?

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