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Mr. Justice Underhill has published his review.
Key recommendations are an early stage “preliminary hearing” (combined case management discussion and pre-hearing review); judges having an early paper sift with a view to strike outs; binding timetables which can limit oral evidence in hearings; removal of the £20,000 limit on costs tribunals can assess and a simpler regime for setting aside default judgments. Reviewed response and claim forms will be provided.
The rules would be supplemented by non binding “presidential guidance” on how they apply and what to expect from the tribunal process.
Further desirable changes were identified such as cost awards for lay representatives, power to award contribution between respondents for discrimination and deposit orders for pursuing a particular issue. However, these require amendments to primary legislation. The draft rules are more accessible, half the size of the old ones and early strike outs for claims with no reasonable prospects of success would be welcomed by employers. A formal consultation takes place later this year.
There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.
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Following the Prime Minister’s announcement on new measures to tackle Coronavirus, and with students about to start new terms, the government has updated its guidance to universities to make their buildings and campuses as safe as possible.
The Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET) finding that a dismissal may be fair despite no prior procedure being followed.
The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.
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