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

1. Thames Valley HR Forum
10 September 2013

2. Changes in Employment Tribunal
Claims
Alexandra Robinson
alexandra.robinson@bllaw.co.uk

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. 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. 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. 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. 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. Case Management
Alternative dispute resolution
Case Management Orders
Disclosure and evidence
Lead Cases
Striking out
Unless Orders
Deposit Orders
Preliminary Hearings
Hearing

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. Thames Valley HR Forum
Alexandra Robinson
alexandra.robinson@bllaw.co.uk

11. Acas Early Conciliation and
Settlement Agreements
Debbie Sadler
debbie.sadler@bllaw.co.uk

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. 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. 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. 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. 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. 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. Thames Valley HR Forum
Debbie Sadler
debbie.sadler@bllaw.co.uk

19. Questions?