0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

review of employment tribunal rules

12 July 2012

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.

related opinions

National minimum wage – naming and shaming

The government has confirmed that it will be reintroducing its policy of “Naming and Shaming” those employers who fail to pay their workers the National Minimum Wage or National Living Wage.

View blog

How might driverless cars impact real estate?

One year ago, the Department for Transport targeted 2021 for having connected and automated vehicles on UK roads.

View blog

Migration changes ahead?

The Migration Advisory Committee (MAC) has now published its report into two commissions – the first on whether a points-based system is the way forward, and the second on the appropriate level of any salary thresholds included.

View blog

Parental bereavement leave and pay

Draft Regulations has now been published in respect of ‘Jack’s Law’, giving bereaved employed parents and those with parental responsibility the right to two weeks’ leave following the death of a child under 18 (including stillbirths after 24 weeks of pregnancy).

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up